Section 113 BNS: Terrorist act

Bharatiya Nyaya Sanhita, 2023

Section 113 BNS at a Glance

Section 113 BNS deals with terrorist acts.

Punishment

Death or imprisonment for life if the offence results in the death of any person, or imprisonment for a term of not less than five years which may extend to imprisonment for life in any other case under Section 113(2), with separate terms of imprisonment up to life under sub-sections (3) to (7).

Section 113 BNS Bare Act Text

(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).

Source: Section 113, Bharatiya Nyaya Sanhita, 2023

Previous Law (IPC)

Section 113 of the Bharatiya Nyaya Sanhita has no equivalent in the Indian Penal Code. It is a new provision that defines and punishes a terrorist act within general criminal law, which was previously dealt with only under special statutes such as the Unlawful Activities (Prevention) Act, 1967.

FAQs on Section 113 BNS

What counts as a terrorist act under Section 113 BNS?▼

Section 113 BNS covers acts done 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. It includes using bombs, explosives, firearms, lethal weapons, poisons, noxious gases, chemicals, or hazardous substances to cause death or injury, damage property, disrupt essential supplies or services, damage India's monetary stability through counterfeit currency, or damage defence or government property. It also covers overawing or causing the death of a public functionary, and kidnapping, abducting, or detaining a person with threats to kill or injure in order to compel a government, international organisation, or any other person to do or abstain from doing any act.

What does the police have to prove for a case under Section 113 BNS?▼

The text requires proof of both the act and the required intent or likelihood. It is not enough to show only violence or damage; the prosecution must also show that the act was done with the intent to threaten or was likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or with the intent to strike terror or was likely to strike terror in the people or any section of the people in India or in a foreign country.

What is the punishment for terrorist act under Section 113 BNS?▼

Under Section 113(2) BNS, if the terrorist act results in the death of any person, the punishment is death or imprisonment for life, and the offender is also liable to a fine. In any other case, the punishment is imprisonment for not less than five years and up to imprisonment for life, and the offender is also liable to fine. The section also separately punishes conspiracy, attempt, abetment, facilitation, and preparatory acts (five years to life and liability to fine), organising training camps or recruiting (five years to life and liability to fine), membership of an organisation involved in a terrorist act (up to life and liability to fine), harbouring or concealing an offender (three years to life and liability to fine), and knowingly possessing property derived from a terrorist act (up to life and liability to fine).

What should I do if someone accuses me under Section 113 BNS or if I want to report such an act?▼

If you are accused, get a criminal lawyer immediately and keep all documents, messages, travel records, and other material that may show what actually happened and what your intention was. If you want to report such an act, contact the police at once and preserve any evidence like videos, messages, call details, photos, or names of witnesses, because the section focuses heavily on the nature of the act and the intention behind it.

What is a terrorist act under Section 113(2) of the Bharatiya Nyaya Sanhita?▼

Section 113(2) BNS sets out the punishment for anyone who commits a terrorist act as defined in Section 113(1) BNS. It divides the punishment into two categories depending on whether the terrorist act resulted in the death of any person or not.

What does the police have to prove for a terrorist act case under Section 113 BNS?▼

For a conviction under Section 113(2) BNS, the prosecution must prove that the accused actually committed a terrorist act as defined under Section 113(1) BNS, including the required intent to threaten India's unity, integrity, sovereignty, security, or economic security, or to strike terror in the people. To attract the higher sentence under Section 113(2)(a) BNS, the prosecution must also prove that the offence resulted in the death of a person.

What is the punishment for terrorist act under Section 113(2) BNS?▼

Under Section 113(2)(a) BNS, if the terrorist act results in the death of any person, the punishment is death or imprisonment for life, and the offender is also liable to a fine. Under Section 113(2)(b) BNS, in any other case, the punishment is imprisonment for a term of not less than five years which may extend to imprisonment for life, and the offender is also liable to fine.

Can I be punished under Section 113 BNS even if the terrorist act was only planned or attempted?▼

Yes, but under Section 113(3) BNS rather than Section 113(2) BNS. Section 113(2) BNS applies when a person actually commits a terrorist act. If a person conspires or attempts to commit a terrorist act, or advocates, abets, advises, incites, or knowingly facilitates a terrorist act or any preparatory act, it is punished under Section 113(3) BNS with imprisonment from five years to life and liability to a fine.

What does Section 113(3) of the Bharatiya Nyaya Sanhita punish?▼

Section 113(3) BNS punishes anyone who conspires or attempts to commit a terrorist act, or advocates, abets, advises, or incites, or directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act. A person can therefore be punished at the stage of conspiracy, attempt, abetment, or preparation even if the planned attack is not completed.

Can I be charged under Section 113(3) BNS even if no terrorist act actually happened?▼

Yes. Section 113(3) BNS specifically covers conspiring or attempting to commit a terrorist act, as well as advocating, abetting, advising, inciting, or knowingly facilitating a terrorist act or any act preparatory to it. The prosecution does not have to wait for a completed terrorist attack to bring charges under this sub-section.

What punishment is given under Section 113(3) of the BNS?▼

The punishment under Section 113(3) BNS is imprisonment for a term which shall not be less than five years, and which may extend to imprisonment for life. The offender is also liable to a fine.

How is Section 113(3) BNS different from actually committing a terrorist act?▼

Section 113(3) BNS deals with conspiracy, attempt, advocacy, abetment, advice, incitement, facilitation, and preparatory acts connected to a terrorist act. Actually committing the terrorist act is dealt with under Section 113(2) BNS, while organising training camps or recruiting persons for a terrorist act is covered under Section 113(4) BNS.

What does Section 113(4) BNS punish?▼

Section 113(4) BNS punishes anyone who organises or causes to be organised any camp or camps for imparting training in a terrorist act, or who recruits or causes to be recruited any person or persons for the commission of a terrorist act. The punishment is imprisonment for a term of not less than five years, which may extend to imprisonment for life, and the offender is also liable to a fine.

What has to be proved for Section 113(4) BNS to apply?▼

From the text, the prosecution must prove either that the accused organised or caused to be organised one or more camps to impart training in a terrorist act, or that the accused recruited or caused to be recruited one or more persons for committing a terrorist act as defined under Section 113(1) BNS.

How is Section 113(4) BNS different from actually committing a terrorist act?▼

Section 113(4) BNS specifically targets organising training camps and recruiting persons for terrorist acts. Actually committing a terrorist act is covered by Section 113(2) BNS, conspiracy, attempt, abetment, and preparatory acts are covered by Section 113(3) BNS, and membership of an organisation involved in a terrorist act is covered by Section 113(5) BNS.

What should I do if someone is accusing me under Section 113(4) BNS or if I want to complain?▼

If you are accused, get a criminal lawyer immediately and preserve all records, messages, and documents showing the true nature of any training, employment, or association. If you want to complain, give the police all facts, messages, locations, names, and other evidence showing the recruitment activity or training camp, as this offence carries imprisonment from five years to life and liability to a fine.

What does Section 113(5) of BNS mean in a terrorist act case?▼

Section 113(5) BNS deals with being a member of an organisation that is involved in a terrorist act. In simple terms, it makes membership in such an organisation a punishable offence in itself.

What has to be proved for action under Section 113(5) BNS?▼

The prosecution must show two main things: first, that the organisation is involved in a terrorist act as defined under Section 113(1) BNS, and second, that the accused person is a member of that organisation.

What punishment is given under Section 113(5) of BNS?▼

Under Section 113(5) BNS, any person who is a member of an organisation involved in a terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine.

How is Section 113(5) BNS different from committing a terrorist act itself?▼

Yes, it is different. Section 113(2) BNS punishes the person who actually commits a terrorist act, while Section 113(5) BNS separately punishes being a member of an organisation that is involved in a terrorist act, even if that member did not personally carry out the attack.

What does Section 113(6) of the Bharatiya Nyaya Sanhita punish?▼

Section 113(6) BNS punishes anyone who voluntarily harbours or conceals, or attempts to harbour or conceal, any person knowing that such person has committed a terrorist act as defined under Section 113(1) BNS.

What does the police or prosecution have to prove for a charge under Section 113(6) BNS?▼

They must prove that a person committed a terrorist act under Section 113(1) BNS, that the accused knew the person had committed a terrorist act, and that the accused voluntarily harboured or concealed, or attempted to harbour or conceal, that person.

What is the punishment under Section 113(6) BNS?▼

Under Section 113(6) BNS, the punishment for knowingly harbouring or concealing a person who has committed a terrorist act is imprisonment for a term of not less than three years, which may extend to imprisonment for life, and the offender is also liable to fine.

Can someone be punished under Section 113(6) BNS even if they did not carry out the actual attack?▼

Yes, a person who hides or shelters an offender after an attack can be punished under Section 113(6) BNS with three years to life imprisonment and liability to a fine. However, the proviso to Section 113(6) BNS states that this sub-section does not apply if the harbouring or concealment is by the spouse of the offender.

What does Section 113(7) of BNS punish?▼

Section 113(7) BNS punishes anyone who knowingly possesses any property that was derived or obtained from the commission of any terrorist act, or acquired through the commission of any terrorist act.

What does the police have to prove for a case under Section 113(7) BNS?▼

The prosecution must prove that the property was derived, obtained, or acquired from the commission of a terrorist act as defined under Section 113(1) BNS, that the accused possessed the property, and that the accused knew the property came from a terrorist act.

What is the punishment under Section 113(7) BNS?▼

Under Section 113(7) BNS, knowingly possessing property derived or acquired from a terrorist act is punishable with imprisonment for a term which may extend to imprisonment for life, and the offender is also liable to a fine.

Who decides whether a case is registered under Section 113 BNS or the Unlawful Activities (Prevention) Act, 1967?▼

Under the Explanation to Section 113(7) BNS, an officer not below the rank of Superintendent of Police decides whether to register a case under Section 113 BNS or under the Unlawful Activities (Prevention) Act, 1967.

Section 113 BNS: Sub-sections Explained

Section 113(1) BNS: Terrorist act

▶

Bare Act Text

(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.

Explained in Simple Words

Section 113 of the Bharatiya Nyaya Sanhita (BNS) defines a terrorist act and punishes anyone who commits or participates in such conduct. Under Section 113(1), it applies to anyone who acts with the intent to threaten, or in a manner likely to threaten, the unity, integrity, sovereignty, security, or economic security of India, or to strike terror in the people in India or any foreign country.

A terrorist act includes using bombs, explosives, firearms, lethal weapons, poisons, chemicals, or hazardous substances to cause death or injury, damage property, disrupt essential supplies or services, harm monetary stability through counterfeit Indian currency, or damage defence or government property. It also includes overawing or causing the death of a public functionary, or detaining, kidnapping, or abducting a person with threats to compel a government, international organisation, or person to act or abstain from acting.

Under Section 113(2), committing a terrorist act attracts death or life imprisonment if death results, or five years to life imprisonment in other cases, and liability to fine. The section defines public functionary and counterfeit Indian currency, and requires an officer not below Superintendent of Police to decide whether to register a case under this section or the Unlawful Activities (Prevention) Act, 1967.

Key Ingredients

  • Doing an act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country
  • Using bombs, dynamite, explosives, inflammable substances, firearms, lethal weapons, poisonous or noxious gases, chemicals, or other hazardous substances or any other means to cause or likely to cause death, injury, property damage, or disruption of essential supplies or services
  • Or damaging the monetary stability of India by producing, smuggling, or circulating counterfeit Indian paper currency, coin, or other material, or damaging property used or intended for the defence of India or purposes of the Central or State Government or their agencies
  • Or overawing by criminal force or show of criminal force, or attempting to do so, or causing or attempting to cause the death of any public functionary
  • Or detaining, kidnapping, or abducting any person with threats to kill or injure, or doing any other act to compel the Government of India, a State Government, a foreign government, an international or inter-governmental organisation, or any other person to do or abstain from doing any act

Punishment

🔒 Death or imprisonment for life if the offence results in the death of any person, or imprisonment for a term of not less than five years which may extend to imprisonment for life in any other case under Section 113(2), with separate terms of imprisonment up to life under sub-sections (3) to (7).

💰 Fine may be imposed in addition to death or imprisonment.

Committing a terrorist act is punishable with death or life imprisonment if death results, or five years to life imprisonment in other cases, and the offender is also liable to fine, while related offences under sub-sections (3) to (7) carry imprisonment up to life and liability to fine.

Real-World Example

Near Varanasi, Prakash and Gopal secretly place explosive material at an electricity control installation that supplies large parts of the city, while Nisha records a message warning that more attacks will follow unless the Government changes a policy. The blast damages the facility, cuts essential power supply, spreads terror among the public, and injures security staff. Their act is done with the intent to threaten the security of India and strike terror in the people, using explosive substances to cause injury, damage property, and disrupt essential services, while seeking to compel the Government, so it falls within Section 113 BNS.

When This Does Not Apply

  • A factory fire near Varanasi caused by negligence, without any intention to strike terror in the people or threaten the unity, integrity, sovereignty, or security of India
  • Ordinary vandalism to private property during a neighbourhood dispute, without the required terrorist intention
  • A peaceful protest that causes inconvenience or traffic blockage but does not use the listed violent or hazardous means and is not meant to strike terror in the people
  • Wrongful confinement or kidnapping for a personal grudge, without the intent to strike terror in the people or threaten India's unity, integrity, sovereignty, or security

Section 113(2) BNS: Terrorist act

▶

Bare Act Text

(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.

Explained in Simple Words

Section 113(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for any person who actually commits a terrorist act as defined in Section 113(1). While Section 113(1) sets out the conduct and intention that constitute a terrorist act, Section 113(2) applies once the offence itself has been committed and divides the sentence into two categories based on the consequences of the act.

Under clause (a), if the terrorist act results in the death of any person, the offender shall be punished with death or imprisonment for life, and shall also be liable to fine. Under clause (b), in any other case where no death is caused, the offender shall be punished with imprisonment for a term of not less than five years, which may extend to imprisonment for life, and shall also be liable to fine.

In both categories, the phrase liable to fine means the court may impose a fine in addition to the sentence of death or imprisonment. This sub-section covers the completed commission of a terrorist act, whereas uncompleted stages such as conspiracy, attempt, abetment, or preparatory acts are punished separately under Section 113(3).

Key Ingredients

  • The accused person actually commits a terrorist act as defined under Section 113(1) BNS
  • The act is done with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or to strike terror or likely to strike terror in the people in India or a foreign country
  • For the sentence of death or life imprisonment under Section 113(2)(a) BNS, the terrorist act has resulted in the death of any person
  • For the sentence of five years to life imprisonment under Section 113(2)(b) BNS, a terrorist act has been committed without resulting in the death of any person

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Death or imprisonment for life if the offence results in the death of any person, or imprisonment for a term of not less than five years which may extend to imprisonment for life in any other case.

💰 Fine may be imposed in addition to death or imprisonment.

Committing a terrorist act is punishable with death or imprisonment for life if it results in the death of any person, or imprisonment from five years to life in any other case, and the offender is also liable to fine.

Real-World Example

Late one evening outside Vijayawada, Harpreet and Imran place explosive devices at a power substation and a crowded bus stop after recording messages threatening India's security and warning people to stay indoors to strike terror in the public. One blast damages the substation, cuts essential electricity supply in nearby localities, and injures several people, though no one is killed. Because Harpreet and Imran committed a terrorist act that did not result in death, they are punishable under Section 113(2)(b) BNS with imprisonment for a term of not less than five years up to imprisonment for life, and are also liable to a fine.

When This Does Not Apply

  • The accused only conspired, attempted, abetted, or did a preparatory act without actually committing the terrorist act, which falls under Section 113(3) BNS rather than Section 113(2) BNS
  • A personal revenge attack with a firearm that injures one person, without the intent to threaten India's unity, integrity, sovereignty, or security or to strike terror in the people
  • Negligent handling of chemicals causing an accidental fire near Jodhpur, without the required terrorist intent, which may fall under Section 106 BNS
  • Simple damage to private property during a neighbourhood quarrel, without terrorist intent or disruption of essential services

Section 113(3) BNS: Terrorist act

▶

Bare Act Text

(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.

Explained in Simple Words

Section 113(3) of the Bharatiya Nyaya Sanhita (BNS) punishes anyone who plans, attempts, encourages, or helps bring about a terrorist act, even if the final attack is never carried out. It applies to any person who conspires or attempts to commit a terrorist act, or who advocates, abets, advises, or incites its commission.

The sub-section also covers anyone who directly or knowingly facilitates the commission of a terrorist act, or any act preparatory to the commission of a terrorist act, as defined in Section 113(1). Because preparatory acts and facilitation are expressly included, the prosecution does not have to wait for an explosion, attack, or kidnapping to occur before taking legal action.

A person convicted under Section 113(3) shall be punished with imprisonment for a term of not less than five years, which may extend to imprisonment for life, and shall also be liable to fine. For facilitation to fall under this provision, it must be done directly or knowingly toward a terrorist act or a preparatory step for one.

Key Ingredients

  • Conspiring or attempting to commit a terrorist act, or any act preparatory to the commission of a terrorist act
  • Or advocating, abetting, advising, or inciting the commission of a terrorist act or any act preparatory to it
  • Or directly or knowingly facilitating the commission of a terrorist act or any act preparatory to the commission of a terrorist act
  • The planned, attempted, or facilitated conduct is a terrorist act as defined under Section 113(1) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Conspiring, attempting, advocating, abetting, advising, inciting, or directly or knowingly facilitating a terrorist act or any preparatory act is punishable with imprisonment from five years to life, and the offender is also liable to fine.

Real-World Example

Late one evening near Kochi, Fatima formed a secret group with Priya and Ritu to prepare a bombing at a crowded government facility. Fatima arranged explosive material and safe houses, Priya arranged funds and communications to facilitate the plot, and Ritu surveyed entry and exit points and transport routes. Their plan was to strike terror in the people and threaten the security of India by carrying out a blast that would cause death, injury, and destruction of government property. Even before the blast is carried out, these facts fall within Section 113(3) BNS because they show conspiracy, facilitation, and acts preparatory to the commission of a terrorist act.

When This Does Not Apply

  • A group formed for a lawful protest near Kanpur without any plan for terrorist acts
  • A private conspiracy to damage a neighbour’s shop for personal revenge, without the intention required for a terrorist act
  • Careless storage of chemicals causing an accidental fire, without organising or assisting any preparatory act for a terrorist act
  • Ordinary rioting or unlawful assembly without organising, facilitating or conspiring for a terrorist act

Section 113(4) BNS: Terrorist act

▶

Bare Act Text

(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.

Explained in Simple Words

Section 113(4) of the Bharatiya Nyaya Sanhita (BNS) targets the infrastructure behind terrorism by punishing the organisation of terrorist training camps and the recruitment of people for terrorist acts. It applies to any person who organises or causes to be organised one or more camps for imparting training in a terrorist act, as well as anyone who recruits or causes to be recruited any person or persons for the commission of a terrorist act.

A person convicted under Section 113(4) shall be punished with imprisonment for a term which shall not be less than five years, and which may extend to imprisonment for life, and shall also be liable to fine. This means the court must impose at least five years of imprisonment and may also impose a fine in addition to the prison sentence.

The sub-section covers both direct and indirect participation, because the words causes to be organised and causes to be recruited bring in those who arrange, fund, or direct training camps or recruitment through others. The training or recruitment must be for a terrorist act as defined in Section 113(1).

Key Ingredients

  • Organising or causing to be organised any camp or camps for imparting training in a terrorist act
  • Or recruiting or causing to be recruited any person or persons for the commission of a terrorist act
  • The training or recruitment is for a terrorist act as defined under Section 113(1) BNS

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Organising or causing to be organised a camp for training in a terrorist act, or recruiting or causing to be recruited any person for committing a terrorist act, is punishable with imprisonment from five years to life, and the offender is also liable to fine.

Real-World Example

Near Bhopal, Swati and Imran set up a secret camp in a remote forested area to train recruits in making bombs and using firearms for attacks intended to strike terror in the public and threaten India's security. Anjali contacts several youths and recruits them to join the camp and carry out the planned terrorist attacks. Because Swati and Imran organise a camp for imparting training in terrorist acts and Anjali recruits persons for the commission of a terrorist act, their conduct falls within Section 113(4) BNS.

When This Does Not Apply

  • Running a lawful security guard, sports, or self-defence training camp near Bhopal that has no connection to any terrorist act
  • Recruiting people for ordinary employment, community work, or a peaceful protest without any plan to commit a terrorist act
  • Gathering people for an ordinary crime or private property dispute that lacks the intent required for a terrorist act under Section 113(1) BNS
  • Merely being a member of an organisation involved in a terrorist act without organising a training camp or recruiting anyone, which is covered separately under Section 113(5) BNS

Section 113(5) BNS: Terrorist act

▶

Bare Act Text

(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.

Explained in Simple Words

Section 113(5) of the Bharatiya Nyaya Sanhita (BNS) makes it a distinct offence to be a member of an organisation that is involved in a terrorist act. It applies to any person who belongs to such an organisation, even if that person is not shown to have personally carried out an attack, organised a training camp, or recruited others.

Under this sub-section, a member of an organisation involved in a terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. Unlike sub-sections (2), (3), and (4), which set a minimum sentence of five years, and sub-section (6), which sets a minimum of three years, Section 113(5) prescribes no minimum term of imprisonment, while allowing a sentence up to imprisonment for life, and makes the offender liable to fine.

For this provision to apply, the organisation itself must be involved in a terrorist act as defined under Section 113(1), and the accused person must be a member of that organisation rather than merely belonging to a lawful group or having innocent contact with another person.

Key Ingredients

  • The existence of an organisation that is involved in a terrorist act
  • The terrorist act in which the organisation is involved falls within the definition in Section 113(1) BNS
  • The accused person is a member of that organisation

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Being a member of an organisation involved in a terrorist act is punishable with imprisonment for a term up to imprisonment for life, and the offender is also liable to fine.

Real-World Example

Near Thrissur, Anil is an active member of an armed organisation in which Arjun and Ritu plan and carry out bomb attacks on electricity installations to strike terror in the public and threaten the security of India. Even though Anil did not personally plant the explosive devices at the Thrissur railway station control room, he is a member of the organisation that is involved in committing terrorist acts. That brings his conduct within Section 113(5) BNS.

When This Does Not Apply

  • Belonging to a lawful cultural, charitable, or trade organisation near Thrissur that is not involved in any terrorist act
  • Attending a public meeting or peaceful protest without being a member of an organisation involved in a terrorist act
  • Being part of a group involved only in a private dispute or ordinary offence that does not have the terrorist intent required under Section 113(1) BNS
  • Unknowingly interacting with a person who belongs to an unlawful group, without being a member of that organisation

Section 113(6) BNS: Terrorist act

▶

Bare Act Text

(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.

Explained in Simple Words

Section 113(6) of the Bharatiya Nyaya Sanhita (BNS) punishes anyone who knowingly shelters or hides a person who has committed a terrorist act. It applies to any person who voluntarily harbours or conceals, or attempts to harbour or conceal, another person while knowing that the person has committed a terrorist act as defined under Section 113(1).

A person convicted under Section 113(6) shall be punished with imprisonment for a term which shall not be less than three years, and which may extend to imprisonment for life, and shall also be liable to fine. This means the sentence must be at least three years in prison, can go up to life imprisonment, and may include a fine in addition to imprisonment.

Two important safeguards are built into the enacted text. First, the harbouring or concealment must be done voluntarily and with knowledge that the person sheltered has committed a terrorist act. Second, the proviso expressly states that this sub-section does not apply where the harbouring or concealment is done by the spouse of the offender.

Key Ingredients

  • A person has committed a terrorist act as defined under Section 113(1) BNS
  • The accused voluntarily harbours or conceals, or attempts to harbour or conceal, that person
  • The accused knows at the time that such person has committed a terrorist act
  • The accused is not the spouse of the offender, as harbouring or concealment by a spouse is exempted by the proviso

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Voluntarily harbouring or concealing, or attempting to harbour or conceal, a person known to have committed a terrorist act (except by the offender's spouse) is punishable with imprisonment from three years to life, and the offender is also liable to fine.

Real-World Example

Near Kochi port, after Lakshmi and Devendra carry out a bomb blast at an electric control room to strike terror in the people and disrupt essential power supply, they flee from the police. Knowing that Lakshmi and Devendra have committed this terrorist act, their associate Kavita voluntarily gives them shelter in her house and hides them from the authorities. Because Kavita voluntarily harbours and conceals persons whom she knows have committed a terrorist act, and she is not the spouse of either offender, her conduct falls within Section 113(6) BNS.

When This Does Not Apply

  • The harbouring or concealment is done by the spouse of the offender, which is expressly exempted under the proviso to Section 113(6) BNS
  • A homeowner or hotel owner near Kochi gives shelter to a person without knowing that the person has committed a terrorist act
  • A person hides someone who committed an ordinary offence such as theft or assault, rather than a terrorist act under Section 113(1) BNS
  • A person is forced at gunpoint to let an offender stay on their premises, so the harbouring or concealment is not voluntary

Section 113(7) BNS: Terrorist act

▶

Bare Act Text

(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).

Explained in Simple Words

Section 113(7) of the Bharatiya Nyaya Sanhita (BNS) punishes the knowing possession of property linked to a terrorist act. It applies to any person who knowingly possesses any property that was derived or obtained from the commission of a terrorist act, or acquired through the commission of any terrorist act as defined under Section 113(1).

A person convicted under Section 113(7) shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. No minimum term of imprisonment is fixed by this sub-section, and the court may impose a fine in addition to the prison sentence.

To establish this offence, the prosecution must show both that the property came from the commission of a terrorist act and that the accused knew of this origin while possessing it. In addition, the Explanation following Section 113(7) declares that an officer not below the rank of Superintendent of Police shall decide whether to register a case under Section 113 BNS or under the Unlawful Activities (Prevention) Act, 1967.

Key Ingredients

  • The property in question was derived or obtained from the commission of a terrorist act, or acquired through the commission of a terrorist act under Section 113(1) BNS
  • The accused person is in possession of that property
  • The accused person knows that the property was derived, obtained, or acquired from the commission of a terrorist act

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for a term which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Knowingly possessing any property derived, obtained, or acquired from the commission of a terrorist act is punishable with imprisonment for a term up to imprisonment for life, and the offender is also liable to fine.

Real-World Example

Near Ludhiana, after Naveen and Harpreet carry out a terrorist kidnapping and extortion plot to strike terror in the public and compel action through threats, they obtain a large sum of money and vehicles through the commission of the terrorist act. Meera knowingly keeps the cash and vehicles at her warehouse, fully aware that this property was obtained from a terrorist act. Because Meera knowingly possesses property derived or acquired through the commission of a terrorist act, her conduct falls within Section 113(7) BNS.

When This Does Not Apply

  • A shopkeeper or buyer near Ludhiana receives money or goods in an ordinary transaction without knowing that the property was derived or obtained from a terrorist act
  • The property in possession was acquired through an ordinary crime such as theft or cheating, rather than a terrorist act under Section 113(1) BNS
  • The accused had no possession or control over the property in question
  • Lawfully acquired personal or business property that has no connection to the commission of any terrorist act

Have questions about Section 113 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·