Section Overview
Section Number
113
Section Title
Terrorist Act
Act
Bharatiya Nyaya Sanhita, 2023 (BNS)
Status
Active
Applicability
Applicable throughout India wherever the Bharatiya Nyaya Sanhita, 2023 is in force.
BNS Section 113 is one of the most significant provisions under the Bharatiya Nyaya Sanhita, 2023. It specifically addresses terrorist acts that threaten national security, public safety, and the sovereignty and integrity of India.
The provision reflects the government's commitment to combating terrorism and protecting citizens from organized acts of violence intended to create fear, destabilize governance, or damage critical infrastructure.
Terrorism is considered one of the gravest offences under criminal law because its consequences extend beyond individual victims and affect society, national security, and public order as a whole.
Section Explanation
Simple Explanation (Plain English / Hinglish)
BNS Section 113 un logon ke khilaf hai jo desh ki suraksha, ekta, akhandata ya janata mein dar paida karne ke liye violent ya destructive acts karte hain.
Simple words mein:
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Bomb blast karna.
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Public places par attack karna.
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Critical infrastructure ko destroy karna.
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Desh ki security ko threaten karna.
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Terrorist organization ke liye violent activities karna.
Aise acts ko Terrorist Act mana ja sakta hai.
Legal Definition
The section broadly covers acts committed with intent to:
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Threaten the unity, integrity, sovereignty, security, or economic security of India.
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Strike terror among people.
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Disrupt essential services.
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Cause death, injury, destruction, or damage through violent means.
The provision also extends to activities involving weapons, explosives, biological agents, chemical substances, radioactive materials, or other dangerous methods used to achieve terrorist objectives.
Practical Interpretation
Courts generally examine:
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Intention of the accused.
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Nature of the act.
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Impact on national security.
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Extent of violence.
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Public fear caused.
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Connection with terrorist organizations or activities.
The prosecution must establish that the act was not merely an ordinary crime but had a terrorist objective or effect.
Essential Ingredients of a Terrorist Act
Intention
There must be an intention to threaten national security or create terror.
Violent or Dangerous Conduct
The act must involve serious violence, destruction, or other dangerous means.
Public Impact
The act must be capable of creating fear or terror among people.
National Security Element
The offence often affects the security, sovereignty, or integrity of India.
Criminal Participation
Direct participation, assistance, facilitation, or support may attract liability.
Why Terrorism is Treated Differently
Unlike ordinary crimes, terrorism:
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Targets society at large.
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Creates widespread fear.
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Threatens national institutions.
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Impacts economic stability.
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Undermines public confidence.
Therefore, the law imposes exceptionally severe punishments.
Activities Potentially Covered
The provision may apply to:
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Bomb explosions.
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Armed attacks.
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Hostage-taking.
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Attacks on public infrastructure.
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Use of biological agents.
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Cyber attacks threatening national security.
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Financing terrorist operations.
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Recruitment for terrorist activities.
Punishment & Legal Classification
Punishment
Where the terrorist act results in death:
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Death Penalty; or
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Imprisonment for Life.
In other cases:
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Imprisonment for a term which may extend to Life Imprisonment.
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Fine.
The punishment reflects the extreme seriousness of terrorism-related offences.
Bailable / Non-Bailable
Non-Bailable.
Cognizable / Non-Cognizable
Cognizable.
Compoundable
Non-Compoundable.
Triable By
Special Court or Court of Session as prescribed by law.
IPC ↔ BNS Mapping
IPC Section
No direct equivalent provision existed in the Indian Penal Code, 1860.
BNS Equivalent
Section 113 BNS.
Status
New provision introduced under Bharatiya Nyaya Sanhita, 2023.
Many terrorism-related offences were previously dealt with through special legislation. BNS incorporates a dedicated provision addressing terrorist acts.
Real-Life Examples
Example 1
A group detonates explosives in a crowded public area intending to create panic and threaten public safety.
Such conduct may constitute a terrorist act.
Example 2
An organization attacks critical infrastructure to disrupt essential services and destabilize public order.
Section 113 may apply.
Example 3
A person participates in planning and executing violent attacks against government institutions with the objective of spreading terror.
The conduct may attract liability under this provision.
Additional Practical Situations
Other examples may include:
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Railway sabotage.
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Airport attacks.
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Coordinated bombings.
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Hostage crises.
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Cyber terrorism targeting national systems.
Landmark Judgments
Since BNS is a recent enactment, direct precedents under Section 113 are still evolving.
However, courts may rely upon principles developed in terrorism-related cases involving:
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National security.
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Terrorist organizations.
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Explosive attacks.
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Financing terrorism.
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Anti-terror legislation.
Judicial Considerations
Courts generally examine:
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Nature of violence.
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Intent behind the act.
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Impact on public order.
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Security implications.
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Evidence linking accused persons.
Legal Insights
When is this Section Applied?
Section 113 is invoked where:
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National security is threatened.
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Terror is intended to be created.
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Violent methods are used.
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Public safety is endangered.
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Terrorist objectives are established.
Common Misuse Scenarios
Mischaracterizing Ordinary Crimes
Not every violent offence qualifies as terrorism.
Weak Evidence of Terrorist Intent
Intent must be established through evidence.
Mere Association
Association alone may not automatically establish guilt.
Political or Social Misinterpretation
Courts carefully distinguish between lawful activities and terrorist conduct.
Defenses Available
Lack of Terrorist Intent
No intention to create terror or threaten national security.
False Implication
Wrongful inclusion without sufficient evidence.
Absence of Participation
No active involvement in the alleged act.
Insufficient Evidence
The prosecution failed to prove essential ingredients.
Mistaken Identity
The accused has been incorrectly identified.
Importance of Section 113
The provision helps:
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Protect national security.
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Prevent terrorist activities.
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Strengthen public confidence.
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Safeguard critical infrastructure.
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Deter violent extremist conduct.
It serves as a crucial legal tool against terrorism.
Modern Relevance
Modern terrorism may involve:
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Cyber attacks.
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Drone-based threats.
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Digital recruitment.
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Online radicalization.
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International terrorist networks.
Therefore, robust legal provisions remain essential for national security.
Relationship with Other BNS Provisions
Section 111
Organised Crime.
Section 112
Petty Organised Crime.
Section 113
Terrorist Act.
Together, these provisions address different forms of organized and serious criminal conduct.