BNS Section 113: Terrorist act

Plain-language meaning

BNS Section 113: Terrorist act deals with “terrorist act”. In plain language, the provision tells a reader which legal rule applies when that subject arises under the Bharatiya Nyaya Sanhita, 2023. It falls within the BNS provisions addressing organised crime, petty organised crime or terrorist acts. These provisions contain detailed definitions, role-based liability and graded consequences that must be matched to the precise statutory limb. It should always be read as part of the statute and with the actual facts, not as an isolated slogan or automatic conclusion.

Official structure and every subsection

The official text contains numbered subsections beginning with subsection (1) and running through subsection (7). Every numbered subsection is reproduced in the statutory-text section below. They operate together: later subsections may qualify, extend, explain or create a consequence for the rule introduced earlier.

Subsection (1) — official text: 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.

Subsection (1) note: assess its stated conditions.

Subsection (2) — official text: 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.

Subsection (2) note: assess its stated conditions.

Subsection (3) — official text: 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.

Subsection (3) note: assess its stated conditions.

Subsection (4) — official text: 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.

Subsection (4) note: assess its stated conditions.

Subsection (5) — official text: 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.

Subsection (5) note: assess its stated conditions.

Subsection (6) — official text: 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.

Subsection (6) note: assess its stated conditions.

Subsection (7) — official text: 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). Of hurt

Subsection (7) note: assess its stated conditions.

The statutory wording above is included for structured explanation and should be checked against the current India Code consolidation. Punctuation, provisos, explanations and illustrations can affect meaning. A paraphrase is useful for orientation but cannot replace the enacted text.

When BNS section 113 may apply

It falls within the BNS provisions addressing organised crime, petty organised crime or terrorist acts. These provisions contain detailed definitions, role-based liability and graded consequences that must be matched to the precise statutory limb. Section 113 may become relevant when the facts alleged correspond with the acts, states of mind, relationships, consequences or legal conditions expressed in the provision. The person applying the law must identify each ingredient instead of relying only on the section number written in a notice, FIR or petition.

Legal ingredients and technical analysis

A technical analysis of section 113 starts with its operative words: who can act, what act or omission is covered, what intention, knowledge, belief, consent, authority or circumstance is required, and what consequence connects the conduct with liability or protection. Defined terms must be read through section 2 and general explanations through section 3 where relevant.

Cognizable, bailable and trial classification

The BNSS First Schedule contains multiple entries connected with section 113. The extracted classification combinations are: Cognizable; Non-bailable. Where the schedule says the result follows the offence abetted or another underlying offence, the classification is conditional rather than fixed.

Schedule entry 113(2): (a) Terrorist act resulting in the death of any person. Death or imprisonment for life and fine. Cognizable. Non-bailable. Court of Session. 1 2 3 4 5 6

Schedule entry 113(3): Conspiring, attempting, abetting, etc., or knowingly facilitating the commission of terrorist act. Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. Cognizable. Non-bailable. Court of Session.

Schedule entry 113(4): Organising camps, training, etc., for commission of terrorist act. Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine. Cognizable. Non-bailable. Court of Session.

Schedule entry 113(5): Being a member of an organisation involved in terrorist act. Imprisonment for life and fine. Cognizable. Non-bailable. Court of Session.

Schedule entry 113(6): Harbouring, concealing, etc., of any person who committed a terrorist act. Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine. Cognizable. Non-bailable. Court of Session.

Schedule entry 113(7): Possessing property derived or obtained from commission of terrorist act. Imprisonment for life and fine. Cognizable. Non-bailable. Court of Session.

“Cognizable” generally indicates that police may arrest without warrant in accordance with law; “non-cognizable” generally indicates that police shall not arrest without warrant. “Bailable” and “non-bailable” concern the statutory character of bail, but non-bailable does not mean bail is impossible. Jurisdiction, special statutes and the exact schedule entry must be checked.

Minimum and maximum punishment or sentence

Any minimum, maximum, fine, alternative punishment or enhanced consequence for section 113 must come from the BNS text and the corresponding BNSS First Schedule entry shown above. “May extend to” states a ceiling, while “not less than” states a statutory floor subject to the precise wording. Life imprisonment, death, fine and default imprisonment have distinct legal consequences.

Procedure when the section is invoked

Investigation may involve specialised agencies, extensive digital or financial evidence and connected special statutes. Arrest, remand, bail, sanction and trial questions must be checked against the exact charge and current procedural law.

Neutral perspective: affected person or informant

From the perspective of a person reporting or affected by conduct connected with section 113, the immediate objective is an accurate, safe and lawful record. Describe events chronologically, distinguish direct knowledge from information received from others, preserve original documents and identify urgent safety or medical needs. Avoid adding facts merely to fit a legal label.

Neutral perspective: accused or person responding

A person accused under or responding to section 113 is entitled to the presumption of innocence and a fair process. The response should focus on the statutory ingredients, chronology, authenticity and admissibility of material, lawful explanations and procedural compliance. It should not involve intimidation, evidence destruction, unlawful contact or publication of protected information.

Evidence, proof and common analytical mistakes

Common mistakes include treating the section heading as proof, ignoring the required mental element, confusing suspicion with admissible evidence, reading one message outside its conversation, overlooking dates and territorial links, assuming every inconsistency is decisive, or treating delay as automatically fatal. The legal effect of each issue depends on the full record.

Remedies and lawful next steps

There is no single remedy attached to every use of section 113. The lawful next step may be preventive, investigative, protective, bail-related, trial-related or appellate. It depends on whether the reader is reporting harm, responding to an allegation, complying with a notice, challenging an order or preparing for hearing.

Practical checklist for a common reader

Before acting on section 113, confirm the exact title and current text; identify every subsection, proviso and explanation; check whether it creates an offence, defines a term, provides an exception or governs punishment; verify the BNSS schedule classification; and separate the allegation from what can actually be proved.

• Keep the complete FIR, complaint, notice or order.
• Write dates and events in chronological order.
• Preserve originals and unedited digital records.
• Identify the exact statutory ingredients in dispute.
• Check cognizability, bailability and trial court from the current BNSS schedule.
• Do not contact or pressure witnesses unlawfully.
• Do not publish protected identities or confidential material.
• Obtain case-specific advice before a deadline expires.

Balanced conclusion

BNS section 113 should be understood as a precise legal rule, not as a verdict for either side. A neutral reading protects the ability of an affected person to report and participate lawfully while equally preserving the accused person’s presumption of innocence, defence rights and fair procedure.