BNS 113

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Introduction of Section 113 BNS

BNS Section 113 deals with acts of terrorism aimed at threatening the unity, integrity, sovereignty, and security of India. It covers a wide range of actions, including the use of lethal weapons, explosives, and other hazardous materials to cause death, destruction of property, or disruption of essential services. The section is focused on maintaining national security and imposing strict punishments for terrorist activities, with the intention to protect the country and its people from internal and external threats.

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What is BNS Section 113 ?

BNS Section 113 addresses terrorist acts, which include causing death, destruction, or terror through the use of explosives, firearms, or other dangerous means. It also covers activities that threaten India’s sovereignty, security, or economy, along with actions targeting public functionaries. The section prescribes severe punishments, including life imprisonment or death.

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BNS Section 113 in Simple Points

1. Covers Terrorist Acts:
   Section 113 defines acts intended to threaten India’s security or strike fear among the public as terrorist acts. These can include using explosives, firearms, or biological, chemical, or nuclear substances.
2. Severe Punishment:
   If a terrorist act results in death, the offender faces either life imprisonment or the death penalty, along with a fine.
3. Threat to National Security:
   The section criminalizes actions that threaten the unity, integrity, sovereignty, or economic security of India, focusing on both internal and external threats.
4. Public Functionaries:
   Terrorist acts targeting government officials or public functionaries are severely punished, with provisions also covering attempts to harm or coerce them.
5. Non-Bailable and Cognizable:
   Offenses under this section are non-bailable, meaning bail is not granted easily, and they are cognizable, meaning the police can arrest suspects without a warrant.

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Section 113 BNS Overview

BNS Section 113 defines a “terrorist act” as any action done with the intent to cause harm or fear that threatens India’s security. This could involve using bombs, firearms, or other dangerous materials to cause death, destruction, or disruption of essential services. It also includes acts targeting public officials, damaging important properties, or compromising the country’s monetary system by circulating counterfeit currency. This section aims to protect the nation from violent, dangerous, or organized crimes that undermine its security.

Section 113 BNS Overview

1. Definition of Terrorism:
   BNS Section 113 defines terrorism as actions intended to strike fear or harm the unity and security of India, often involving lethal weapons, explosives, or hazardous substances.
2. Targeting People and Property:
   Terrorist acts include causing death or injury to people or damaging important public and private property, including government assets.
3. Impact on National Security:
   Any action that disrupts essential services, such as energy supply, transport, or financial stability, is classified as a terrorist act if done to harm India’s security.
4. Counterfeit Currency:
   Producing, smuggling, or circulating fake Indian currency to destabilize the economy is considered an act of terrorism under this section.
5. Attacks on Public Functionaries:
   Acts targeting government officials, military personnel, or other key figures in India or abroad are also included under this section.
6. Recruitment and Training:
   Organizing or participating in terrorist training camps or recruiting individuals for terrorist activities is punishable under Section 113.
7. Possession of Terrorist Property:
   Possessing property obtained through terrorist activities is punishable with imprisonment, reflecting the seriousness of financial involvement in terrorism.
8. Harboring Terrorists:
   Intentionally hiding or helping a terrorist, except for a spouse of the accused, leads to severe punishment under this section.
9. Punishments Based on Harm:
   The punishment for terrorism depends on the extent of harm caused. If it results in death, the punishment can be life imprisonment or the death penalty.
10. Decision by Authorities:
    Senior police officers (Superintendent rank and above) are responsible for determining if a case falls under this section or the Unlawful Activities (Prevention) Act, 1967.

Examples of BNS Section 113

1. Example 1:
   A group of individuals plants explosives at a railway station, causing death and damage to public property. Their intent was to disrupt essential services and create panic among the public. Under BNS Section 113, these individuals would be charged with a terrorist act, facing life imprisonment or even the death penalty for their actions.
2. Example 2:
   A person circulates counterfeit Indian currency with the intent to destabilize the country’s economy. This act is considered a terrorist offense under BNS Section 113, as it threatens the economic security of India. The offender could face imprisonment for life and a hefty fine.

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BNS 113 Punishment

Imprisonment:
For terrorist acts resulting in death, the offender can face life imprisonment or the death penalty. In other cases, the minimum punishment is five years of imprisonment, which can extend to life.

Fine:
In addition to imprisonment, the offender will also be liable to pay a fine, with the amount depending on the nature and severity of the crime.

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BNS 113 bailable or not ?

BNS Section 113 offenses are non-bailable, meaning that the accused cannot easily secure bail. Bail can only be granted under exceptional circumstances as determined by the court.

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Bharatiya Nyaya Sanhita Section 113

Section	Offense	Punishment	Cognizable	Bailable	Court
113(1)	Terrorist act causing death or injury	Death or imprisonment for life, fine	Yes	No	Court of Session
113(2)	Terrorist act not resulting in death	Imprisonment for at least 5 years, can extend to life, fine	Yes	No	Court of Session
113(3)	Conspiracy or abetment of terrorist act	Imprisonment for at least 5 years, can extend to life, fine	Yes	No	Court of Session
113(4)	Organizing training camps for terrorist acts	Imprisonment for at least 5 years, can extend to life, fine	Yes	No	Court of Session
113(5)	Membership in a terrorist organization	Imprisonment for up to life	Yes	No	Court of Session
2113(6)	Harboring a terrorist (except by spouse)	Imprisonment for at least 3 years, can extend to life, fine	Yes	No	Court of Session
113(7)	Possessing property obtained through terrorist activity	Imprisonment for up to life, fine	Yes	No	Court of Session

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BNS Section 113 FAQs

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