(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,—.
(i) death of, or injury to, any person or persons; or.
(ii) loss of, or damage to, or destruction of, property; or.
(iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or.
(iv) damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or.
(v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or.
(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; or.
(c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act, commit a terrorist act..
Explanation.—For the purpose of this sub-section,—.
(a) “public functionary” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary;.
(b) “counterfeit Indian currency” means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features of Indian currency..
(2) Whoever commits a terrorist act shall,—.
(a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine;.
(b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine..
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates 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 which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
(4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine:
(Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender.
(7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.
Explanation.—For the removal of doubts, it is hereby declared that the 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 (37 of 1967).
Simplified Explanation
Section 113 of the Bharatiya Nyaya Sanhita (Indian Penal Code) defines and prescribes punishments for terrorist acts. This section aims to address any act committed with the intent to threaten or cause harm to the unity, integrity, sovereignty, or security of India or to strike terror in the people of India or in foreign countries. It details various activities considered as terrorist acts, their punishments, and the penalties for those involved in planning, facilitating, or abetting such crimes.
Text of Section 113
Sub-section (1) – Definition of a Terrorist Act
This sub-section outlines a terrorist act as any action with the intent to:
- Threaten or damage the unity, integrity, sovereignty, or security of India or strike terror in the public, either within India or in any foreign country.
The act may include (but is not limited to) any of the following:
- (a)Use of Explosives, Weapons, or Hazardous Substances:
- The use of bombs, dynamite, firearms, explosives, poisonous gases, nuclear materials, or any other dangerous substances to:
- Cause death or injury to people.
- Damage or destroy property.
- Disrupt essential services or supplies (e.g., utilities, communication, transportation) critical for public life.
- Damage the monetary stability of India (e.g., counterfeit currency).
- Destroy or damage property related to national defense or government functions.
- The use of bombs, dynamite, firearms, explosives, poisonous gases, nuclear materials, or any other dangerous substances to:
- (b)Use of Criminal Force:
- Overawing or attempting to overawe people or public authorities through criminal force or threats of force.
- Attempting to or causing the death of any public functionary (e.g., officials or elected representatives of the government).
- (c)Kidnapping or Abduction:
- Detaining, kidnapping, or abducting any person, and threatening to harm them to coerce the government or any international organization into taking actions.
Explanation:
- Public Functionary: This includes constitutional authorities or others notified by the government in the Official Gazette.
- Counterfeit Indian Currency: Currency that imitates official Indian currency, compromising key security features.
Sub-section (2) – Punishment for Committing a Terrorist Act
The punishment for committing a terrorist act is as follows:
- If the terrorist act results in the death of any person: The offender can be punished with death or life imprisonment, along with a fine.
- In any other case (where no death occurs): The punishment is imprisonment for a minimum of 5 years, which can extend to life imprisonment, along with a fine.
Sub-section (3) – Punishment for Conspiracy or Attempt to Commit a Terrorist Act
If someone conspires, attempts, or incites a terrorist act, or facilitates the commission of such an act (or any preparatory actions), they will be punished with:
- Imprisonment for a minimum of 5 years, extending to life imprisonment, along with a fine.
Sub-section (4) – Punishment for Organizing or Recruiting for Terrorist Activities
If someone organizes or recruits people to carry out terrorist activities, they will face:
- Imprisonment for a minimum of 5 years, extending to life imprisonment, along with a fine.
Sub-section (5) – Punishment for Being a Member of a Terrorist Organization
Anyone who is a member of an organization involved in terrorist activities will face:
- Imprisonment for up to life, along with a fine.
Sub-section (6) – Punishment for Harbouring or Concealing a Terrorist
If someone harbours, conceals, or attempts to harbour or conceal a person known to have committed a terrorist act, they will be punished with:
- Imprisonment for a minimum of 3 years, extending to life imprisonment, along with a fine.
- Exception: This provision does not apply if the person concealing the terrorist is the spouse of the offender.
Sub-section (7) – Punishment for Possessing Property Derived from Terrorist Acts
If someone possesses property obtained from terrorist acts, they will face:
- Imprisonment for up to life, along with a fine.
Explanation: The officer not below the rank of Superintendent of Police will decide whether the case should be registered under this section or the Unlawful Activities (Prevention) Act, 1967.
Key Points
- Wide Definition of Terrorist Act: The section covers a broad range of activities such as explosive use, kidnapping, and threatening public functionaries, all with the intent to harm India’s unity, sovereignty, or security or to cause terror.
- Severe Punishments: The punishments for committing, facilitating, or being involved in terrorism are severe, including the possibility of death and life imprisonment, reflecting the grave nature of terrorist activities.
- Conspiracy and Recruitment: Even if an individual does not directly commit the terrorist act, they can be punished for conspiring, recruiting, or facilitating terrorism.
- Harbouring and Possession of Terrorist Property: The law also targets those who assist terrorists by providing shelter, hiding them, or possessing property linked to terrorism.
- Applicability: This law applies to terrorism committed both within India and in foreign countries, if the act threatens India’s interests or security.
Conclusion
Section 113 of the IPC deals with terrorist acts, defining a wide range of criminal activities aimed at threatening India’s sovereignty, integrity, and security or spreading fear among the public. It prescribes severe punishments for not only the perpetrators but also for those involved in conspiracy, recruitment, harbouring terrorists, or possessing terrorist-related property. The law provides robust penalties to deter terrorism and punish those who threaten the nation’s stability and public safety.
