1. Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,––
(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear, or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause:
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary.
(c) detains, kidnaps, or abducts any person and threatens to kill or injure such person or does any other act to compel the Government of India, any State Government, the Government of a foreign country, an international or inter-governmental organisation, or any other person to do or abstain from doing any act.
Explanation.
For the purpose of this sub-section:
2. Whoever commits a terrorist act shall:
3. Whoever conspires, attempts to commit, advocates, abets, advises, or incites the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.
4. Whoever organises or causes to be organised any camp for terrorist training or recruits persons for the commission of a terrorist act shall be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.
5. Any person who is a member of an organisation involved in a terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine.
6. Whoever voluntarily harbours or conceals any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term not less than three years but which may extend to imprisonment for life, and shall also be liable to a fine:
Provided that this sub-section shall not apply to cases where the harbour or concealment is by the spouse of the offender.
7. Whoever knowingly possesses property derived from a terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine.
Explanation. For removal of doubts, it is declared that an officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967.
BNS Section 113 defines a terrorist act as any action intended to threaten the unity, sovereignty, or security of India or cause terror among people. This section outlines various methods by which such acts can be committed, including the use of explosives, firearms, or harmful substances. It also specifies punishments for committing, conspiring, or facilitating a terrorist act, ranging from a minimum of five years' imprisonment to life imprisonment or the death penalty, depending on the severity of the offence. The section also penalises recruitment, training, harbouring of terrorists, and possession of property obtained through terrorist acts.
Q1: What actions are considered a terrorist act under BNS Section 113?
A: Actions that threaten India's unity, integrity, sovereignty, security, or economic security, or cause terror among people, are considered terrorist acts. These include using explosives, firearms, or hazardous substances, causing death or injury, damaging property, disrupting essential services, counterfeiting currency, or targeting public functionaries.
Q2: What are the punishments for committing a terrorist act under BNS Section 113?
A: If the act results in death, the punishment is death or life imprisonment, along with a fine. For other cases, the punishment ranges from a minimum of five years to life imprisonment, along with a fine.
Q3: What is the punishment for conspiring or facilitating a terrorist act?
A: Anyone who conspires, abets, or facilitates a terrorist act can be punished with imprisonment ranging from five years to life, and a fine.
Q4: Is harbouring a terrorist also punishable under BNS Section 113?
A: Yes, harbouring or concealing a person involved in a terrorist act is punishable with imprisonment for a term ranging from three years to life, and a fine, unless the harbourer is the spouse of the offender.
Q5: What constitutes possession of terrorist-derived property under BNS Section 113?
A: Knowingly possessing property obtained from the commission of a terrorist act is punishable with imprisonment, which may extend to life, and a fine.
Example 1: A person uses a bomb to damage a government building, intending to create fear among the public and harm India's security. This act falls under BNS Section 113, and if it results in death, the person may face the death penalty or life imprisonment.
Example 2: A group conspires to abduct a public functionary and threaten to harm them unless the government meets their demands. This is also considered a terrorist act under BNS Section 113, and those involved may face up to life imprisonment.
Example 3: An individual harbours a known terrorist in their home. If this act is discovered, they may face imprisonment of three years to life, unless they are the spouse of the offender.
BNS Section 113 defines a terrorist act as any action that threatens the unity or security of India or spreads terror among its citizens. It includes severe punishments for committing or assisting terrorist acts, such as life imprisonment or the death penalty. The law covers acts like using explosives, harming public officials, counterfeiting currency, and harbouring terrorists. Those conspiring or facilitating such acts face similarly harsh penalties.
Answer By Law4u Team
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