Terrorist Act Under the BNS (Section 113): How It Overlaps With UAPA (2026)
What a terrorist act means under Section 113 of the BNS, why it is new to the general penal code, how it overlaps with the UAPA, who decides which law applies, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
A terrorist act is an offence under Section 113 of the Bharatiya Nyaya Sanhita, 2023 (BNS), the code that replaced the Indian Penal Code (IPC) on 1 July 2024. It is new to the general penal code and has no old IPC equivalent. Terrorism was earlier dealt with under the Unlawful Activities (Prevention) Act, 1967 (UAPA), which still applies. Where a terrorist act causes death, the punishment is death or imprisonment for life without the benefit of parole, with a fine of not less than ten lakh rupees. In other cases it is imprisonment of not less than five years, extending to life, with a fine of not less than five lakh rupees. This explainer sets out what the section covers, how it overlaps with the UAPA, who decides which law applies, and what changed. Last verified October 2026.
- What it is: a terrorist act, a new offence under Section 113 BNS, with no old IPC equivalent.
- Overlap: it largely reproduces the UAPA definition and punishment, so both laws can apply.
- Punishment: if it causes death, death or life imprisonment without parole and fine not less than Rs 10 lakh; otherwise 5 years to life and fine not less than Rs 5 lakh.
- Who decides the law: an officer not below Superintendent of Police chooses BNS or UAPA.
01What Section 113 of the BNS covers
Section 113 of the BNS defines and punishes a terrorist act. The definition closely tracks the language used in the UAPA.
In plain terms, a person commits a terrorist act if they do anything in India or abroad with intent to threaten or likely to threaten the unity, integrity, sovereignty, security or economic security of India, or with intent to strike terror or likely to strike terror in the people or any section of the people. The means listed include the use of bombs, explosives, firearms, poisonous or hazardous substances, and acts that cause death or injury, damage to property, disruption of essential services or damage to critical infrastructure, as well as acts affecting the monetary stability of India such as production or smuggling of counterfeit currency.
The section also punishes related conduct, including conspiracy, attempt, advocacy, abetment, organising camps, recruiting, harbouring, and being a member of a terrorist organisation or gang.
02How it relates to the old law and the UAPA
There is no IPC section that Section 113 replaces. Terrorism was not a named offence in the IPC. It was, and still is, dealt with mainly under the UAPA.
Section 113 of the BNS largely reproduces the UAPA definition and punishment for a terrorist act. That creates a deliberate overlap: the same conduct can fall under both Section 113 of the BNS and the UAPA.
| Point | Position |
|---|---|
| Old IPC equivalent | None. Terrorism was not a named IPC offence |
| Existing special law | The UAPA, 1967, which continues to apply |
| New position under BNS | A terrorist act is now also an offence in the general code at Section 113 |
So Section 113 is best described as a new provision that brings a terrorist act offence into the general penal code, sitting alongside the UAPA rather than replacing any old IPC section.
03Punishment and classification
The punishment under Section 113 depends on whether the terrorist act caused death.
- Where it results in the death of a person: death or imprisonment for life without the benefit of parole, and a fine of not less than ten lakh rupees.
- In any other case: imprisonment for a term not less than five years, extending to imprisonment for life, and a fine of not less than five lakh rupees.
Separate punishments are set for conspiracy, harbouring, membership and holding the proceeds of terrorism. On classification, the offence is cognizable and non-bailable, and is triable by the Court of Session.
04BNS 113 or the UAPA: who decides
Because the two laws overlap, the BNS includes a rule on which law is used. An Explanation to Section 113 provides that an officer not below the rank of Superintendent of Police decides whether a case is registered under Section 113 of the BNS or under the UAPA.
The choice matters, because the procedures differ. Commentators note that under the BNS route the investigation window and the bail rules are not identical to those under the UAPA, which has stricter bail conditions and a longer period for completing the investigation. The safest course is to check the current procedure in each law before advising on bail or timelines.
The same terrorist act can be charged under Section 113 of the BNS or under the UAPA. A senior police officer decides which, and that choice changes the procedure that follows.
05What changed from the old law
The change is that a terrorist act is now an offence in the general criminal code, not only in a special law. This lets the ordinary police machinery register a terrorism case under the BNS, while the UAPA remains available for the agencies that usually handle it.
The overlap has drawn comment, because two laws now cover nearly the same ground with different procedures. How the choice between them is made and reviewed will be important in practice. For another new offence in the code see our explainer on organised crime under the BNS, and for the overview see the new criminal laws (BNS, BNSS and BSA).
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Terrorism cases under Section 113 of the BNS and the UAPA are heard in Sessions Courts and special courts and move slowly through bail, charge and trial. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, so you can see how this new section is being read and follow a live matter. Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name. For the full picture, see case search across Indian courts.
07Sources and further reading
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- India Code (official bare text of the BNS): indiacode.nic.in
- Text of BNS Section 113: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Always read the section as it stands on the day you act, and take advice from counsel on your facts.
08Frequently asked questions
What is Section 113 of the BNS?
Section 113 of the Bharatiya Nyaya Sanhita, 2023 is a new offence of a terrorist act. It covers acts done with intent to threaten the unity, integrity, sovereignty, security or economic security of India, or to strike terror in the people, by means such as explosives, firearms, hazardous substances or damage to critical infrastructure.
Which IPC section does the terrorist act replace?
None. Terrorism was not a named offence in the IPC. It was dealt with mainly under the UAPA, 1967, which still applies. Section 113 is a new provision that also brings a terrorist act offence into the general code.
What is the punishment for a terrorist act under Section 113?
If the act results in a person’s death, the punishment is death or imprisonment for life without the benefit of parole, with a fine of not less than ten lakh rupees. In any other case it is imprisonment of not less than five years, extending to life, with a fine of not less than five lakh rupees.
How does Section 113 of the BNS overlap with the UAPA?
Section 113 largely reproduces the UAPA definition and punishment for a terrorist act, so the same conduct can fall under both. An Explanation to the section provides that an officer not below the rank of Superintendent of Police decides whether the case is registered under the BNS or the UAPA.
Is a terrorist act under Section 113 bailable?
No. The offence under Section 113 is cognizable and non-bailable, and is triable by the Court of Session. The UAPA route has its own stricter bail rules, so confirm the current procedure for whichever law applies.
Can I track a terrorism case in Claw?
Yes. Claw tracks matters across 9,102 courts and forums with automatic updates, cause lists, and WhatsApp and email alerts, and lets you search cases, orders and judgments by section, party or advocate. It tracks the case but does not file it or give legal advice.