Terrorist act
Also called: Terrorism
An act done with intent to threaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror, by the means listed in Section 113 BNS or Section 15 UAPA.
Explained
Indian law now defines a terrorist act in two statutes. Section 113(1) of the BNS, a new provision with no IPC counterpart, and Section 15 of the Unlawful Activities (Prevention) Act, 1967 both describe it. Section 2(1)(k) of the UAPA states that terrorist act has the meaning assigned in Section 15, and terrorism and terrorist are construed accordingly.
Section 113(1) has two parts. The first is intent: the act must be done with intent to threaten, or likely to threaten, the unity, integrity, sovereignty, security or economic security of India, or with 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. The second is the means and result: using bombs, explosives, firearms, lethal weapons, poisonous gases or other hazardous substances to cause death or injury, loss or destruction of property, disruption of essential supplies or services, damage to the monetary stability of India through counterfeit Indian currency, or damage to defence or government property; overawing by criminal force or causing death of a public functionary; or detaining, kidnapping or abducting a person to compel a government or international organisation to act or abstain.
Section 113(2) punishes a terrorist act resulting in death with death or imprisonment for life and fine, and any other case with five years to life and fine. Sub-sections (3) to (7) cover conspiracy, attempt, advocacy, abetment and facilitation, organising training camps or recruiting, membership of an organisation involved in a terrorist act (up to life), harbouring (with an exception for the offender's spouse), and knowingly possessing property derived from a terrorist act.
Since the same conduct can fall under both statutes, the Explanation at the end of Section 113 provides that an officer not below the rank of Superintendent of Police shall decide whether to register the case under the BNS or the UAPA. Examiners test this choice, the inclusion of counterfeit currency within economic security, and the spouse exception. A terrorist act is also distinct from waging war against the Government of India, now in Section 147 of the BNS.
What the law says
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;
Defines terrorist act and punishes it and connected acts
Earlier law: IPC New Section
(c) detains, kidnaps or abducts any person and threatens 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; or] commits 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;
Special law definition of terrorist act
(k) “terrorist act” has the meaning assigned to it in section 15, and the expressions “terrorism” and “terrorist” shall be construed accordingly;
Clause (k) adopts the Section 15 meaning
(1) Whoever commits a terrorist act shall,—
(a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;
(b) in any other case, be punishable 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.
Punishment for terrorist act under the UAPA
For the exam
- Defined in Section 113(1) BNS (new) and Section 15 UAPA; Section 2(1)(k) UAPA adopts Section 15.
- Covers threats to economic security, including counterfeit Indian currency affecting monetary stability.
- Death resulting: death or life imprisonment; otherwise 5 years to life (Section 113(2)).
- An officer not below SP decides whether to register under BNS or UAPA (Explanation to Section 113).
- Harbouring is punishable, but not harbouring by the offender's spouse (proviso to Section 113(6)).
101 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- Terrorist organisationAn organisation listed in the First Schedule to the Unlawful Activities (Prevention) Act, 1967, or one operating under the same name as a listed organisation. Section 2(1)(m) of the UAPA.
- Unlawful activityUnder Section 2(1)(o) of the UAPA, 1967, action by an individual or association that supports cession or secession of Indian territory, disrupts India's sovereignty and territorial integrity, or causes disaffection against India.
- Organised crime syndicateA group of two or more persons who, acting singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity (Section 111 of the BNS).
- CounterfeitTo counterfeit is to cause one thing to resemble another, intending by that resemblance to practise deception or knowing deception to be likely (Section 2(4) of the BNS). The imitation need not be exact.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.