Terrorist act
What this section does
Defines and punishes 'terrorist act' — any act done with intent to threaten or likely to threaten India's unity, integrity, sovereignty, security or economic security, or to strike terror in people, by using explosives, firearms, hazardous substances, criminal force against public functionaries, or by kidnapping/detaining persons to compel governments or organisations. Multiple ancillary offences are created for conspiracy, abetment, organising training camps, recruitment, membership, harbouring, and possession of proceeds.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- If the act results in death: death or imprisonment for life + fine. In any other case (s.113(2)(b)): not less than 5 years up to life + fine. Conspiracy/abetment/facilitation/preparation (s.113(3)): not less than 5 years up to life + fine. Organising training camps or recruitment (s.113(4)): not less than 5 years up to life + fine. Membership of terrorist organisation (s.113(5)): up to life + fine. Harbouring/concealing (s.113(6)): not less than 3 years up to life + fine. Possession of proceeds (s.113(7)): up to life + fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Intent to threaten or likelihood of threatening the unity, integrity, sovereignty, security, or economic security of India, or intent/likelihood to strike terror in people in India or a foreign country
- Commission of the act by one of the specified means: use of explosives/firearms/hazardous substances causing or likely to cause death, injury, property damage, disruption of essential services, damage to monetary stability, or damage to defence property; OR overawing by criminal force or causing/attempting death of a public functionary; OR detaining/kidnapping a person to compel a government or organisation to act or abstain
Practitioner note
The Explanation to s.113(7) mandates that an 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. The harbouring offence (s.113(6)) expressly exempts the spouse of the offender. Practitioners should note the overlap with UAPA and the SP-level gatekeeping requirement.
Read the official text
For the binding statutory text of BNS Section 113, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 113 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.