Side-by-Side Comparison

None vs 113

For the first time in India's legislative history, "Terrorist Act" is defined and criminalised within the general penal code (BNS 113), not just special statutes like UAPA. This gives ordinary courts and police a clearer framework for terror-adjacent crimes.

What Changed?

IPC had NO terrorism provision — terror acts were exclusively governed by TADA (1985, expired), POTA (2002, repealed), and current UAPA (1967 as amended).

BNS 113 is the first time terrorism is defined and criminalised in India's general penal code.

BNS 113 covers three categories: (1) acts using bombs/explosives/firearms/hazardous substances; (2) damage to critical infrastructure, monetary system, or economic security; (3) acts creating terror in any section of society.

Economic terrorism and cyber attacks on financial infrastructure are explicitly covered — broader than UAPA's traditional kinetic terrorism focus.

BNS 113 operates alongside UAPA — both can be charged for the same act. BNS 113 does not replace UAPA.

Death penalty if the terrorist act results in any person's death; minimum 5 years in all other cases.

Verdict

"Terrorism is now in the mainstream criminal code alongside murder and organised crime — giving local police forces, magistrates, and Sessions Courts a direct legal framework rather than exclusive reliance on UAPA's specialised machinery."

Detailed Analysis

OLD LAW (IPC)

None

Act of 1860

No Direct IPC Equivalent

This section introduces a new offence in the BNS (2024) that did not exist as a standalone provision in the IPC (1860).

PunishmentN/A

REFORM

NEW LAW (BNS)

113

Act of 2024

Terrorist Act

Whoever commits a terrorist act shall be punished with death or imprisonment for life, and shall also be liable to fine, if such act has resulted in the death of any person; and in any other case, with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

PunishmentDeath or Life Imprisonment (if death results); 5 years to Life (otherwise)

1860

None Origin

2024

113 Reform

Legal Implications

Since independence, India's terrorism laws have lived exclusively in special statutes — TADA, POTA, and currently UAPA. The BNS changes this by codifying terrorism in the general penal code. Section 113 defines a terrorist act as one that: uses bombs, explosives, firearms, or hazardous substances against persons or property; causes or threatens damage to critical infrastructure or India's monetary or economic security; or creates terror in any section of society through any means. The inclusion of economic terrorism (attacking payment systems, stock markets, financial infrastructure) and implied cyber terrorism (digital attacks on critical systems) makes BNS 113 a modern provision. BNS 113 does not replace UAPA — the two operate in parallel. UAPA retains its broader framework: designation of terrorist organisations, preventive detention up to 180 days, financial sanctions, and special courts. BNS 113 gives ordinary police and Sessions Courts a direct tool for terror-adjacent conduct without needing the full UAPA machinery.

Practical Scenarios

"A bomb placed in a crowded train station killing passengers — BNS 113, Death penalty."

"A cyberattack on NPCI (National Payments Corporation) disrupting UPI for the entire country — economic terrorism under BNS 113."

"A terror cell stockpiling explosives for planned attacks — conspiracy under BNS 57 + preparation for BNS 113."

"Funding a terrorist organisation through hawala from India — BNS 47 + BNS 113."

Expert Q&A

Does BNS 113 replace UAPA?

No. BNS 113 and UAPA operate in parallel. UAPA retains its special mechanisms: designation of terrorist organisations, extended pre-charge detention (180 days), financial sanctions, and NIA-designated special courts. BNS 113 provides an additional route through ordinary criminal courts for terror-adjacent conduct.

What is economic terrorism under BNS 113?

Economic terrorism under BNS 113 includes acts that cause or threaten to cause damage to India's monetary system, stock exchanges, banking infrastructure, payment systems (like UPI), or economic security. Cyberattacks on financial infrastructure, mass currency counterfeiting operations, and financial system sabotage all fall within this category.

What is the minimum punishment under BNS 113?

For terrorist acts that do not result in anyone's death: minimum 5 years, maximum Life Imprisonment + Fine. Where the terrorist act results in the death of any person: Death Penalty or Life Imprisonment.

Can police charge BNS 113 without NIA involvement?

Yes. Unlike UAPA (which typically requires NIA or state ATS involvement for serious cases), BNS 113 is part of the general penal code. State police can investigate and charge BNS 113 offences through ordinary criminal courts, giving local law enforcement a direct tool.

How is BNS 113 different from BNS 147 (Waging War)?

BNS 147 (Waging War) requires an organised armed challenge to the sovereign authority of India — essentially armed insurrection or civil war. BNS 113 (Terrorist Act) is broader — it covers acts that threaten security, create terror, or damage infrastructure even without a direct challenge to state authority. The same facts can attract both provisions.

Related BNS Sections

111 : Organised Crime...57 : Criminal Conspiracy...196 : Promoting Enmity...

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