Terrorist Act Under Section 113 of the BNS

Section 113 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines a "terrorist act" and punishes it, along with conspiracy, membership of a terrorist organisation, harbouring a terrorist and holding property for terrorism. It is a new provision: the Indian Penal Code had no equivalent section, so there is no old IPC number to compare it with. Terrorism was earlier dealt with only through special laws, chiefly the Unlawful Activities (Prevention) Act, 1967 (UAPA), which remains in force alongside the BNS.

This explainer is for B.A. LL.B. and LL.B. students preparing for criminal law papers, and for readers who see "Section 113 BNS" in a news report and want to know what it means. Because the section sits next to an older special law covering much the same ground, examiners like to ask how the two fit together, and that is where most answers lose marks.

Where does Section 113 sit in the BNS?

The BNS is Act No. 45 of 2023. It received assent on 25 December 2023 and came into force on 1 July 2024, replacing the IPC. Section 113 is placed in the chapter on offences affecting the human body, immediately after Section 111 (organised crime) and Section 112 (petty organised crime). The comparison tables published by the Tripura Police and the Uttar Pradesh Police both list Section 113 as a "new" section with no corresponding IPC provision.

That placement tells you something. Parliament grouped terrorism with organised crime as serious collective violence, rather than putting it in the chapter on offences against the State, where waging war (formerly IPC Section 121) is found.

What counts as a terrorist act under Section 113(1)?

Section 113(1) has two parts: a required intention and a list of means. The act may be done in India or in any foreign country. In the bare act text published on Devgan.in, the intention must be to threaten the unity, integrity and security of India, or "to intimidate the general public or a segment thereof", or to disturb public order. Devgan.in is an unofficial site, and we could not match this wording line by line against the India Code copy while preparing this note. Check the official text before you quote it word for word in an answer or a brief.

The means are set out in clauses (a) to (e) of sub-section (1). In summary, they are:

• using bombs, explosives, firearms, poisons, noxious gases or other hazardous substances in a way that causes or is likely to cause death or injury, or endangers life;
• damaging or destroying property, or disrupting supplies or services essential to the life of the community, including government or public facilities;
• causing extensive interference with, damage to or destruction of critical infrastructure;
• provoking or influencing the Government by intimidation, including causing death or injury to a public functionary, detaining a person and threatening to kill or injure them to compel the Government to act or not act, or acts meant to destabilise the country's political, economic or social structures or create a public emergency;
• acts falling within the scope of the international treaties listed in the Second Schedule to the UAPA.

For an exam answer, write the definition as "intention plus means". A riot in Madurai that disturbs public order is not automatically a terrorist act. The prosecution must show the specific intention the section requires and one of the listed means.

What punishments does the section prescribe?

Section 113(2) punishes anyone who commits or attempts a terrorist act:

• if the act results in death: death or imprisonment for life without parole, and a fine of not less than ten lakh rupees;
• in any other case: imprisonment of not less than five years, which may extend to life, and a fine of not less than five lakh rupees.

The later sub-sections (numbered (3) to (6) in the Devgan.in text) extend liability beyond the person who carries out the act:

• Conspiracy and preparation: organising a group for terrorist acts, or conspiring to commit or assisting in preparatory acts, carries five years to life and a minimum fine of five lakh rupees.
• Membership: being a member of a terrorist organisation involved in terrorist acts carries imprisonment up to life and a minimum fine of five lakh rupees.
• Harbouring: knowingly harbouring or concealing a person who has committed a terrorist act carries three years to life and a minimum fine of five lakh rupees. A proviso excludes harbouring by the offender's spouse.
• Property and funds: holding, providing or using property or funds for terrorism carries imprisonment up to life and a minimum fine of five lakh rupees, and the property is liable to attachment and forfeiture.

The sub-section numbering differs between some unofficial bare act websites, so cite the sub-section number only after you have checked the official text on India Code or the Gazette.

How does Section 113 relate to the UAPA?

This is the question most teachers will set. The UAPA already defines terrorist acts and includes acts within the scope of the treaties in its schedule. It also carries a strict bail restriction in Section 43D(5), and prosecutions under some of its offences need prior government sanction. Section 113 of the BNS borrows heavily from the UAPA, even pointing to the UAPA's First and Second Schedules for its list of terrorist organisations and treaties.

The practical issue is choice of law. The same incident could, on paper, be registered under either statute, and the two carry different procedural consequences, especially on bail. Write this up as an issue of overlap and possible arbitrariness under Article 14, and say how the choice is made only after checking the current official text and any government circular on it. We could not confirm the exact mechanism from a primary source while preparing this note.

What have the courts said so far?

We could not confirm, from a primary source, a reported judgment of the Supreme Court or the Madras High Court interpreting Section 113 of the BNS itself. Students should not cite case names for this section unless they have read the judgment on sci.gov.in or the Madras High Court website. Judgments on the UAPA, TADA and POTA can be used as background on how courts read "terrorist act" definitions, but name them only after checking the full title and year in a law report.

How should you write about Section 113 in an exam?

1. Open with the rule: Section 113 BNS defines and punishes terrorist acts; it has no IPC equivalent.
2. Set out the two parts of the definition (intention and means) in short points.
3. State the punishment for a death-causing act and for other cases, with the minimum fines.
4. List the extended forms of liability: conspiracy, membership, harbouring and property.
5. Discuss overlap with the UAPA, including the bail question and the risk of inconsistent choice of law.
6. Close with a short problem-style application. For example: a student in Nagercoil posts a threat online but takes no step towards any listed means. Ask whether the intention and means are both present before reaching for Section 113.

If you want to see how criminal law is taught across the course, see our programmes page.

Sources

• India Code: The Bharatiya Nyaya Sanhita, 2023: official record showing Act No. 45 of 2023, enacted 25 December 2023, in force from 1 July 2024.
• Devgan.in, BNS Chapter VI: unofficial bare act text of Section 113, used for the definition and punishments.
• Tripura Police, BNS and IPC comparison: lists Section 113 as newly added with no IPC equivalent.
• Uttar Pradesh Police, BNS and IPC comparative table: confirms Section 113 as a new section.
• Unlawful Activities (Prevention) Act, Wikipedia: background on the UAPA, its treaty schedule and the Section 43D(5) bail restriction (secondary, for context only).