National Security

Terrorism Codified Under General Penal Law: Analyzing BNS Section 113

Published by Dr. Sameer Sen, Defense Expert on May 10, 2026 | 5 min read

Analyzing Section 113 of the BNS, which marks the first time terrorism is explicitly defined and penalized under the general criminal code of India.

Key Takeaways

  • BNS Section 113 defines terrorist acts within the general penal code.
  • Previously, terror offences were prosecuted primarily under special laws like UAPA.
  • Covers acts intended to threaten the unity, integrity, security, or sovereignty of India.
  • Officers not below the rank of Superintendent of Police decide whether to invoke BNS or UAPA.

The General Codification of Terror Acts

Historically, prosecutions for terrorism in India were conducted under specialized national security legislations such as the Unlawful Activities (Prevention) Act (UAPA). The BNS has changed this by importing a comprehensive definition of a 'terrorist act' directly into the ordinary criminal law database under Section 113. This ensures that the state can prosecute security threats without always relying on special emergency acts.

Legal Definition of a Terrorist Act

Section 113 defines a terrorist act as any act done with intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India, or to strike terror in the people. This includes using bombs, dynamite, hazardous substances, or kidnapping public officials to force the government to act. It also explicitly includes damage to monetary systems and counterfeiting currency under terror classifications.

Punishments and Consequences

Similar to organized crime, if a terrorist act results in the death of any person, the sentence is death or life imprisonment, along with a fine. If no death occurs, the offender faces imprisonment of not less than five years, which may extend to life imprisonment. The section also criminalizes conspiracy, harboring terrorists, and organizing terror camps.

BNS vs UAPA: Overlapping Jurisdictions

A major point of discussion in legal circles is the overlap between BNS Section 113 and the UAPA. To prevent arbitrary applications, procedural rules specify that an officer of the rank of Superintendent of Police (SP) or above must evaluate the case and decide whether to charge the accused under BNS Section 113 or under the specialized clauses of the UAPA.