Terrorist organisation
Also called: Banned terrorist organisation, Proscribed organisation
An 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.
Explained
Section 2(1)(m) of the Unlawful Activities (Prevention) Act, 1967 defines a terrorist organisation as an organisation listed in the First Schedule or an organisation operating under the same name as an organisation so listed. The definition is formal: an organisation is a terrorist organisation only because the Central Government has listed it, not because a court has found it to be one. An organisation that changes its name to escape the list is still covered if it operates under the listed name.
Listing is done under Section 35. The Central Government may by notification add an organisation to the First Schedule, including one identified as a terrorist organisation in a resolution of the United Nations Security Council under Chapter VII of the Charter, and may remove one. It may add an organisation only if it believes that the organisation is involved in terrorism, which under Section 35(3) means that it commits or participates in, prepares for, promotes or encourages, or is otherwise involved in terrorism. Under Section 36 the organisation or any affected person may apply for denotification, with a review under Section 37 if the application is refused.
The term must be distinguished from two others. A terrorist gang under Section 2(1)(l) is any association, other than a terrorist organisation, concerned with or involved in a terrorist act, so no listing is needed. An unlawful association under Section 2(1)(p) is one whose object is, among other things, unlawful activity; the Central Government declares it unlawful by notification under Section 3, and that declaration goes to a Tribunal for adjudication, a different procedure from listing.
Chapter VI creates offences tied to listed organisations. Membership with intention to further its activities is punishable under Section 38 with imprisonment up to ten years, or fine, or both, with a defence for one who joined before listing and took no part in its activities while it was listed. Inviting support is punishable under Section 39 with imprisonment up to ten years, and raising funds under Section 40 with imprisonment up to fourteen years, or fine, or both. Membership of a terrorist gang or organisation involved in a terrorist act attracts imprisonment extending to life under Section 20. Examiners test the definition and these punishments.
What the law says
(m) “terrorist organisation” means an organisation listed in the [First Schedule] or an organisation operating under the same name as an organisation so listed;
Section 2(1)(m) defines terrorist organisation; (l) and (p) define related terms
(b) add also an organisation to the [First Schedule], which is identified as a terrorist organisation in a resolution adopted by the Security Council under Chapter VII of the Charter of the United Nations, [or the name of an individual in the Fourth Schedule], to combat international terrorism;
(c) remove an organisation from the [First Schedule] [or the name of an individual from the Fourth Schedule];
(d) amend the [First Schedule] [or the Fourth Schedule] in some other way.
Listing and removal of organisations in the First Schedule
(b) any person affected by inclusion of the organisation in the [First Schedule as a terrorist organisation, or].
[(c) any person affected by inclusion of his name in the Fourth Schedule as a terrorist.]
(3) The Central Government may prescribe the procedure for admission and disposal of an application made under this section.
Application for denotification
(1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation:
Provided that this sub-section shall not apply where the person charged is able to prove—
(a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and
Offence of membership of a terrorist organisation
(1) A person commits the offence relating to support given to a terrorist organisation,—
(a) who, with intention to further the activity of a terrorist organisation,—
(i) invites support for the terrorist organization; and
Offence of support given to a terrorist organisation
(1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation,—
(a) invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
(b) receives money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or
Offence of raising funds for a terrorist organisation
(1) Where any association has been declared unlawful by a notification issued under sub-section (1) of section 3, the Central Government shall, within thirty days from the date of the publication of the notification under the said sub-section, refer the notification to the Tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful.
(2) On receipt of a reference under sub-section (1), the Tribunal shall call upon the association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful.
(3) After considering the cause, if any, shown by the association or the office-bearers or members thereof, the Tribunal shall hold an inquiry in the manner specified in section 9 and after calling for such further information as it may consider necessary from the Central Government or from any office-bearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under sub-section (1) of section 3, such order as it may deem fit either confirming the declaration made in the notification or cancelling the same.
Declaration of an unlawful association is referred to the Tribunal
For the exam
- Defined in Section 2(1)(m) UAPA: listed in the First Schedule or operating under the same name.
- The Central Government lists and removes organisations under Section 35.
- Terrorist gang (Section 2(1)(l)) needs no listing; unlawful association is declared under Section 3.
- Membership (Section 38) and support (Section 39): up to ten years, or fine, or both.
- Raising funds for a terrorist organisation (Section 40): up to fourteen years, or fine, or both.
5 questions in the Law Maker question bank use this term. Practise Special Criminal Laws questions
Related terms
- 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.
- Terrorist actAn 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.
- Proceeds of crimeProperty derived or obtained, directly or indirectly, by any person as a result of criminal activity, or the value of such property (Section 111(c) of the BNSS).
- Money-launderingBeing involved in, or knowingly assisting, any process or activity connected with proceeds of crime, such as concealment, possession, acquisition, use, or projecting it as untainted. Section 3, PMLA.
- 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).
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.