Chapter VI: OF OFFENCES AFFECTING THE HUMAN BODY U/S.113. (1) Whoever commits any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or any foreign country, by means such as:

(a) Using bombs, dynamite, or other explosive substances, inflammable substances, firearms, or other lethal weapons, or poisonous, noxious gases, chemicals, or any hazardous substances (whether biological, radioactive, nuclear, or otherwise) or any other means of whatever nature to cause or likely to cause:

(i) Death or injury to any person or persons;
(ii) Loss, damage, or destruction of property;
(iii) Disruption of any supplies or services essential to the life of the community in India or any foreign country;
(iv) Damage to the monetary stability of India through production, smuggling, or circulation of counterfeit Indian paper currency, coins, or any other material;
(v) Damage or destruction of any property in India or abroad used or intended for defense purposes or in connection with other purposes of the Government of India, any State Government, or their agencies;

(b) Overawes by means of criminal force or the show of criminal force, or attempts to do so, or causes the death of any public functionary or attempts to cause the death of any public functionary;

(c) Detains, kidnaps, or abducts any person and threatens to kill or injure such person or commits any act to compel the Government of India, any State Government, or the government of a foreign country, an international or inter-governmental organization, or any other person to do or abstain from doing any act, commits a terrorist act.

Explanation.—For the purposes 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 a public functionary;

(b) “Counterfeit Indian currency” means the counterfeit currency as may be declared after examination by an authorized or notified forensic authority that such currency imitates or compromises the key security features of Indian currency.

(2) Whoever commits a terrorist act shall:

(a) If such an offence results in the death of any person, be punished with death or imprisonment for life, and shall also be liable to a fine;
(b) In any other case, be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.

(3) Whoever conspires or attempts to commit, or advocates, abets, advises, or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.

(4) Whoever organizes or causes to be organized any camp or camps for imparting training in terrorist acts, or recruits or causes to be recruited any person or persons for the commission of a terrorist act, shall be punished with imprisonment for a term not less than five years but which may extend to imprisonment for life, and shall also be liable to a fine.

(5) Any person who is a member of an organization involved in terrorist acts shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine.

(6) Whoever voluntarily harbors or conceals, or attempts to harbor or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term not less than three years but which may extend to imprisonment for life, and shall also be liable to a fine:

Provided that this sub-section shall not apply to any case in which the harbor or concealment is by the spouse of the offender.

(7) Whoever knowingly possesses any property derived or obtained from the commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to a fine.

**Explanation.—For the removal of doubts, it is hereby declared 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.

Description:

For the first time, the offence of terrorism has been introduced in the general law of the land, and the act of terrorism has been clearly defined. Section 113 has been drafted on the lines of the Unlawful Activities (Prevention) Act (UAPA). It provides for punishment for the commission, attempt, abetment, conspiracy, membership of any terrorist organization, recruitment or organization of camps for training, harboring or concealing any person who has committed a terrorist act, and possession of proceeds of crime or property obtained or derived from the commission of a terrorist act. The penalties include the option of death or life imprisonment without parole.

Counterfeiting Indian currency has also been covered under this section as a terrorist act, similar to the UAPA. Destruction of any property in India or abroad, disruption of essential services, and damage to the monetary stability of India are also addressed under this section.

The provision recognizes the term “public functionary,” encompassing constitutional authorities and other functionaries notified by the Central Government. Criminal force or attempts to cause the death of a public functionary falls under the purview of terrorism. Destruction of public facilities or private property is now criminalized as a terrorist act.

This section addresses terrorism beyond international borders. It includes acts that result in damage by way of the destruction of critical infrastructure, recognizing the global threat of international terrorism. Special attention is given to vulnerabilities posed by cyber-attacks on critical infrastructures, thereby encompassing a broad range of modern terrorist activities.

Conclusion:

This comprehensive legal provision aims to strengthen national security by ensuring that all forms of terrorism are addressed with the utmost seriousness. It provides law enforcement agencies with the necessary legal tools to prevent and combat terrorism effectively, thereby safeguarding the unity, integrity, and security of the nation. The explicit inclusion of modern threats, such as cyber-attacks, underscores the forward-looking approach of the legislation in adapting to contemporary challenges.

Overall, Section 113 serves as a robust framework for deterring and prosecuting terrorist activities, reinforcing India’s commitment to maintaining internal and external security in an increasingly complex global landscape.