| Particulars | Details |
|---|---|
| Section | BNS Section 113 |
| Offence | Terrorist Act |
| Old IPC Equivalent | No Direct IPC Equivalent |
| Punishment if Death is Caused | Death or Life Imprisonment + Fine |
| Other Terrorist Acts | 5 Years to Life Imprisonment + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Introduction
BNS Section 113 introduces a comprehensive offence of terrorist acts within the Bharatiya Nyaya Sanhita, 2023. The provision criminalises acts intended to threaten India's unity, integrity, sovereignty, security, or economic security, as well as acts intended to strike terror among people in India or abroad.
Before the enactment of the BNS, terrorism-related offences were primarily prosecuted under the Unlawful Activities (Prevention) Act, 1967 (UAPA). BNS Section 113 now incorporates a detailed terrorism provision into India's primary criminal code.
The section covers not only the commission of terrorist acts but also conspiracy, abetment, recruitment, training, harbouring terrorists, and possession of property derived from terrorist activities.
What is BNS Section 113?
BNS Section 113 defines and punishes terrorist acts that threaten national security, public safety, economic stability, or public order through violent or coercive means.
The provision covers acts committed using explosives, firearms, hazardous substances, biological agents, radioactive materials, nuclear materials, or any other dangerous means capable of causing death, injury, destruction of property, disruption of essential services, or damage to India's economic security.
The section also includes acts involving kidnapping, abduction, intimidation of public functionaries, and coercive actions intended to compel governments or international organisations to act or refrain from acting in a particular manner.
Bare Act Text of BNS Section 113
BNS Section 113 provides that any person who commits an act intended to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or intended to strike terror among people, through explosives, firearms, hazardous substances, violence against public functionaries, kidnapping, abduction, or similar means, commits a terrorist act.
The section further prescribes punishment for:
- Commission of terrorist acts.
- Conspiracy to commit terrorist acts.
- Attempting terrorist acts.
- Abetting or facilitating terrorist acts.
- Organising terrorist training camps.
- Recruiting persons for terrorist activities.
- Membership of terrorist organisations involved in terrorist acts.
- Harbouring terrorists.
- Possessing property derived from terrorist acts.
In Simple Words
If a person commits or supports an act intended to spread terror, threaten India's security, damage essential services, harm public functionaries, or compel governments through violence or intimidation, that person may be prosecuted under BNS Section 113.
The law extends beyond the actual terrorist attack and also punishes planning, assisting, recruiting, training, harbouring, or financially benefiting from terrorist activities.
Essential Ingredients of BNS Section 113
To establish an offence under BNS Section 113, the prosecution generally needs to prove the following:
1. Intent to Threaten India or Strike Terror
The accused must have intended to threaten India's unity, integrity, sovereignty, security, economic security, or intended to create terror among people.
2. Commission of a Terrorist Act
There must be a terrorist act as defined under the section.
3. Use of Dangerous Means
The act may involve explosives, firearms, hazardous chemicals, biological agents, radioactive materials, nuclear substances, or other dangerous methods.
4. Harmful Consequences
The act must cause or be likely to cause death, injury, destruction of property, disruption of essential services, economic damage, or harm to public institutions.
5. Connection Between the Act and Terrorist Objective
The prosecution must establish a connection between the conduct and the objective of threatening national security or creating terror.
Punishment Under BNS Section 113
The punishment under BNS Section 113 varies according to the nature of the offence.
| Offence | Punishment |
|---|---|
| Terrorist Act Resulting in Death | Death or Life Imprisonment + Fine |
| Other Terrorist Acts | 5 Years to Life Imprisonment + Fine |
| Conspiracy, Attempt, Abetment, Facilitation | 5 Years to Life Imprisonment + Fine |
| Organising Training Camps | 5 Years to Life Imprisonment + Fine |
| Recruitment for Terrorist Acts | 5 Years to Life Imprisonment + Fine |
| Membership of Terrorist Organisation Involved in Terrorist Acts | Up to Life Imprisonment + Fine |
| Harbouring or Concealing Terrorists | 3 Years to Life Imprisonment + Fine |
| Possession of Terrorist Property | Up to Life Imprisonment + Fine |
Classification of Offence Under BNS Section 113
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
What Does the Classification Mean?
Since the offence is cognizable, the police can register an FIR and commence investigation without prior permission from a Magistrate.
Being a non-bailable offence, bail is not available as a matter of right and is granted only after judicial consideration.
The offence is non-compoundable, meaning the parties cannot privately settle the matter.
The case is triable by the Court of Session due to the gravity of the offence and the severe punishments prescribed.
Bail Under BNS Section 113
BNS Section 113 is a non-bailable offence because it involves allegations relating to terrorism and national security.
While deciding bail applications, courts may consider the nature of the alleged terrorist activity, the role attributed to the accused, evidence collected during investigation, security concerns, and the likelihood of interference with witnesses or the investigation.
Given the seriousness of terrorism-related offences, courts generally apply a strict approach while considering bail applications. However, every case is decided on its own facts and circumstances.
Which Court Has Jurisdiction Under BNS Section 113?
Offences under BNS Section 113 are triable by the Court of Session.
Following investigation, the charge sheet is filed before the competent court and the matter proceeds for trial before the Sessions Court. The court examines documentary evidence, electronic evidence, expert testimony, witness statements, intelligence reports, and other relevant material before delivering its judgment.
Step-by-Step Legal Process Under BNS Section 113
- Receipt of information regarding the alleged terrorist act.
- Preliminary assessment by the investigating agency.
- Decision by an officer not below the rank of Superintendent of Police regarding registration under BNS Section 113 or the UAPA.
- Registration of FIR.
- Investigation and intelligence gathering.
- Collection of electronic, forensic, financial, and documentary evidence.
- Recording of witness statements.
- Arrest of accused persons, where necessary.
- Filing of charge sheet before the competent court.
- Trial before the Court of Session.
- Examination and cross-examination of witnesses.
- Presentation of expert and technical evidence.
- Pronouncement of judgment.
- Sentencing upon conviction.
- Appeal before the appropriate higher court.
IPC Position vs BNS Section 113
| Aspect | IPC | BNS Section 113 |
|---|---|---|
| Separate Terrorist Act Offence | No | Yes |
| Terrorism Definition | No | Yes |
| Economic Security Threats | No | Yes |
| Terror Recruitment | No | Yes |
| Terror Training Camps | No | Yes |
| Harbouring Terrorists | No Specific Provision | Yes |
| Terror Property Possession | No | Yes |
Unlike the IPC, BNS Section 113 expressly defines and criminalises terrorist acts. Previously, terrorism-related prosecutions were primarily conducted under the Unlawful Activities (Prevention) Act, 1967. The BNS now incorporates terrorism-related offences into the main criminal code while preserving the operation of the UAPA.
Important Case Laws Related to BNS Section 113
Since BNS Section 113 is a newly enacted provision, there are currently limited reported judicial decisions directly interpreting it. However, courts may rely on principles developed under anti-terror legislation.
Kartar Singh v. State of Punjab (1994)
The Supreme Court examined the constitutional validity of anti-terror legislation and discussed the balance between national security and individual rights.
People's Union for Civil Liberties v. Union of India
The Court emphasised the importance of procedural safeguards while dealing with matters involving national security and investigative powers.
Defences Available Under BNS Section 113
Depending on the facts of the case, an accused person may raise several legal defences.
Common defences may include:
- Lack of terrorist intent.
- Absence of involvement in the alleged act.
- False implication.
- Mistaken identity.
- Lack of knowledge regarding terrorist activities.
- Insufficient evidence linking the accused to the offence.
- Absence of participation in any conspiracy or facilitation.
The availability of these defences depends upon the evidence and circumstances of each case.
Example of BNS Section 113
Suppose a group plants explosive devices at a public transport facility with the intention of creating fear among the public and disrupting essential services. The explosion causes multiple deaths and significant property damage.
In such circumstances, the persons involved may be prosecuted under BNS Section 113 for committing a terrorist act. Individuals who planned the attack, supplied explosives, recruited participants, or knowingly facilitated the operation may also face liability under the same section.
Conclusion on BNS Section 113
BNS Section 113 represents a significant addition to India's criminal law framework by specifically defining and punishing terrorist acts within the Bharatiya Nyaya Sanhita. The provision covers not only the commission of terrorist acts but also conspiracy, recruitment, training, harbouring, and financial involvement in terrorism.
By prescribing punishments ranging from five years' imprisonment to death in the most serious cases, the law seeks to protect national security, public safety, economic stability, and the constitutional integrity of India from terrorist threats.