● New in BNS
BNS Section 113 brings a terrorism offence into India general criminal code for the first time -- previously, terrorist acts were prosecuted exclusively under the Unlawful Activities (Prevention) Act, 1967. The two laws now run in parallel, and police may choose which to invoke.
The IPC did not define terrorism; terrorist acts were prosecuted exclusively under the Unlawful Activities (Prevention) Act, 1967.
BNS Section 113 defines and punishes terrorist acts — acts intended to threaten the unity, integrity, sovereignty, security or economic security of India or to strike terror. If the act results in death: death or imprisonment for life without parole, and fine; otherwise imprisonment of 5 years to life and fine. Conspiracy, organising and membership are separately punished.
Entirely new to the general criminal code, running parallel to the UAPA — the police may choose which law to invoke.
If the act results in death: death or imprisonment for life without parole, and fine. In any other case: imprisonment of 5 years to life, and fine. Conspiracy, organising and membership of a terrorist organisation are separately punished..
BNS 113 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under BNS 113 are tried before the Court of Session..
Common defences include disputing the specific intent the section requires (to threaten India unity, integrity, sovereignty, security or economic security, or to strike terror), and that the alleged conduct falls short of an act under the section rather than preparation or mere association.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons