BNS Section 113 – Terrorist Act Explained The introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 marked a major transformation in India’s crimina

BNS Section 113 – Terrorist Act Explained

The introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 marked a major transformation in India’s criminal justice framework, replacing the colonial-era Indian Penal Code. One of the most significant provisions under this new law is Section 113, which deals with terrorist acts—a subject of immense importance in maintaining national security, sovereignty, and public order.

This provision is not just about punishing acts of violence but also addresses a wide range of activities connected to terrorism, including conspiracy, recruitment, funding, and even harbouring offenders. In this article, we will break down Section 113 in a simple, detailed, and practical way.

Section 113 of BNS Exact  Text

113. (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.

Terrorist act. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37

(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

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Bare Provision of Section 113 (BNS)

According to the official text:

Section 113 defines a terrorist act as any act done with the intent to threaten:

• Unity, integrity, sovereignty, or security of India
• Economic security of India
• To strike terror among people

It includes acts involving:

• Explosives, firearms, chemicals, biological or nuclear substances
• Violence causing death, injury, or property damage
• Disruption of essential services
• Counterfeit currency operations
• Attacks on government or defence-related property
• Kidnapping to coerce government actions

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What is a “Terrorist Act”? (Simple Explanation)

In simple terms, a terrorist act under Section 113 means:

👉 Any serious act of violence or threat
👉 Done intentionally to create fear or destabilise the country
👉 Or to force the government or society to act in a certain way

This section goes beyond traditional violence. Even economic damage (like fake currency circulation) or disrupting essential services (like electricity, transport, internet) can fall under terrorism.

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Key Elements of Section 113

To prove a terrorist act under BNS, the following elements must be present:

1. Intent (Mens Rea)

The person must have the intention to:

• Threaten national security
• Create terror among people
• Damage economic stability

Without intent, proving terrorism becomes difficult.

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2. Means Used

The act must involve dangerous means such as:

• Bombs or explosives
• Firearms
• Chemical or biological weapons
• Nuclear substances
• Any hazardous method

👉 Even modern cyber or unconventional threats may fall under “any other means”.

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3. Result or Likely Impact

The act must cause or likely cause:

• Death or injury
• Property destruction
• Disruption of essential services
• Economic damage
• Harm to government infrastructure

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Types of Acts Covered Under Section 113

Section 113 is very wide. It includes:

✔️ Violent Attacks

• Bomb blasts
• Mass shootings
• Chemical attacks

✔️ Economic Terrorism

• Circulation of counterfeit currency
• Financial destabilisation

✔️ Infrastructure Attacks

• Attacks on railways, airports, power grids
• Disruption of internet or communication

✔️ Government Coercion

• Kidnapping officials
• Threatening public functionaries

✔️ International Scope

Interestingly, the law also applies if:

• The act affects a foreign country
• Or targets international organisations

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Meaning of Public Functionary

Section 113 defines public functionary as:

• Constitutional authorities
• Government officials notified by the Central Government

This means attacks on such individuals are treated very seriously.

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Punishment Under Section 113

The punishments under this section are extremely strict:

If Death Occurs:

• Death penalty OR
• Life imprisonment
• Plus fine

In Other Cases:

• Minimum 5 years imprisonment
• Can extend to life imprisonment
• Plus fine

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Other Offences Related to Terrorism (Sub-sections 3–7)

Section 113 doesn’t stop at the main act—it punishes every stage of terrorism.

1. Conspiracy & Abetment

Even if the act is not completed:

• Planning
• Encouraging
• Assisting

👉 Punishment: 5 years to life imprisonment

2. Training & Recruitment

• Organising terrorist camps
• Recruiting individuals

👉 Punishment: 5 years to life imprisonment

3. Membership of Terrorist Organisation

Simply being a member of such an organisation:

• Punishable up to life imprisonment

4. Harbouring Terrorists

• Hiding or helping a terrorist

👉 Punishment: 3 years to life imprisonment

⚠️ Exception: If done by spouse, it is not punishable

5. Possession of Terrorism-Linked Property

• Holding money or property gained from terrorist acts

👉 Punishable with life imprisonment

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Comparison with Previous Laws

Under the old Indian Penal Code:

• Terrorism was not clearly defined
• Separate laws like UAPA handled terrorism

What’s New in BNS?

• Terrorism is now directly included in criminal law
• Broader definition
• Covers economic and modern threats
• Stronger punishments

👉 This makes BNS more comprehensive and modern

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Why Section 113 is Important

1. National Security

It protects:

• Sovereignty
• Integrity of India

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2. Public Safety

Ensures safety from:

• Mass violence
• Fear-based attacks

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3. Economic Protection

Includes:

• Fake currency
• Financial crimes

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4. Global Relevance

Covers:

• International terrorism
• Cross-border crimes

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Real-Life Examples (Understanding Better)

Example 1:

A group plants a bomb in a crowded railway station to create panic.
👉 This is clearly a terrorist act.

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Example 2:

A network circulates fake Indian currency to damage the economy.
👉 Covered under economic terrorism.

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Example 3:

Someone kidnaps a government official to force policy change.
👉 Falls under Section 113.

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Example 4:

A person shelters a known terrorist.
👉 Punishable under sub-section (6).

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Role of Police and Investigation

Section 113 also clarifies:

• Only a police officer of Superintendent rank or above can decide whether to register a case under this section

👉 This ensures:

• Serious scrutiny
• Prevents misuse

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Challenges in Implementation

While the law is strong, some challenges exist:

❗ Risk of Misuse

• Broad definitions may lead to misuse

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❗ Proof of Intent

• Difficult to prove intention in some cases

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❗ Balancing Security & Rights

• Ensuring civil liberties are not violated

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Impact on Legal System

Section 113 strengthens:

• Criminal justice system
• Anti-terror laws

It also:

• Reduces dependency on separate laws
• Provides clarity in prosecution

Conclusion

Section 113 of the Bharatiya Nyaya Sanhita is one of the most powerful and comprehensive provisions in modern Indian criminal law. It reflects the evolving nature of threats faced by the nation—ranging from traditional violent attacks to sophisticated economic and cyber-related dangers.

By including not just the act but also its preparation, support, and aftermath, this section ensures that terrorism is tackled at every level. However, its effective implementation will depend on careful enforcement, judicial oversight, and maintaining a balance between national security and individual rights.

For law students, legal professionals, and aspirants, understanding Section 113 is essential—not only for exams but also for grasping how India’s legal system is adapting to modern challenges.