3
[15. Terrorist act.—4
[(1)] Whoever does any act with intent to threaten or likely to threaten the
unity, integrity, security 5
[, economic security,] or sovereignty of India or with intent to strike terror or
likely to strike terror in the people or any section of the people in India or in any foreign country,—
(a) by using bombs, dynamite or other explosive substances or inflammable substances or
firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other
substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any
other means of whatever nature to cause or likely to cause—
(i) death of, or injuries to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in
any foreign country; or
5
[(iiia) damage to, the monetary stability of India by way of production or smuggling or
circulation of high quality counterfeit Indian paper currency, coin or of any other material; or]
(iv) damage or destruction of any property in India or in a foreign country used or intended to
be used for the defence of India or in connection with any other purposes of the Government of
India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or
causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any
other act in order to compel the Government of India, any State Government or the Government of a
foreign country or 6
[an international or inter-governmental organisation or any other person to do or
abstain from doing any act; or]
commits a terrorist act.
7
[Explanation.—For the purpose of this sub-section,—
1. Subs. by Act 29 of 2004, s. 3, for “Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 21-9-2004).
2. Subs. by s. 7, ibid., for Chapter IV (w.e.f. 21-9-2004).
3. Subs. by Act 35 of 2008, s. 4, for section 15 (w.e.f. 31-12-2008).
4. Section 15 renumbered as sub-section (1) thereof by Act 3 of 2013, s. 4 (w.e.f. 1-2-2013).
5. Ins. by s. 4, ibid. (w.e.f. 1-2-2013).
6. Subs. by s. 4, ibid., for “any other person to do or abstain from doing any act,” (w.e.f. 1-2-2013).
7. Subs. by s. 4, ibid., for the Explanation (w.e.f. 1-2-2013).
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(a) “public functionary” means the constitutional authorities or any other functionary notified in
the Official Gazette by the Central Government as public functionary;
(b) “high quality counterfeit Indian currency” means the counterfeit currency as may be declared
after examination by an authorised or notified forensic authority that such currency imitates or
compromises with the key security features as specified in the Third Schedule.]
1
[(2) The terrorist act includes an act which constitutes an offence within the scope of, and as defined
in any of the treaties specified in the Second Schedule.]
16. Punishment for terrorist act.—(1) Whoever commits a terrorist act shall,—
(a) if such act has resulted in the death of any person, be punishable with death or imprisonment
for life, and shall also be liable to fine;
(b) in any other case, be punishable 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.
16A. [Punishment for making demands of radioactive substances, nuclear devices, etc.] Omitted by
the Unlawful Activities (Prevention) Amendment (Repealing and Amending) Act 2013 (3 of 2013),
s. 5 (w.e.f. 1-2-2013).
2
[17. Punishment for raising funds for terrorist act.—Whoever, in India or in a foreign country,
directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate
source, from any person or persons or attempts to provide to, or raises or collects funds for any person or
persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a
terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act,
notwithstanding whether such funds were actually used or not for commission of such act, shall be
punishable 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.
Explanation.—For the purpose of this section,—
(a) participating, organising or directing in any of the acts stated therein shall constitute an
offence;
(b) raising funds shall include raising or collecting or providing funds through production or
smuggling or circulation of high quality counterfeit Indian currency; and
(c) raising or collecting or providing funds, in any manner for the benefit of, or, to an individual
terrorist, terrorist gang or terrorist organisation for the purpose not specifically covered under section
15 shall also be construed as an offence.]
18. Punishment for conspiracy, etc.—Whoever conspires or attempts to commit, or advocates,
abets, advises or 3
[incites, directly or knowingly facilitates] the commission of, a terrorist act or any act
preparatory to the commission of a terrorist act, shall be punishable 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.
4
[18A. Punishment for organising of terrorist camps.—Whoever organises or causes to be
organised any camp or camps for imparting training in terrorism shall be punishable 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.
18B. Punishment for recruiting of any person or persons for terrorist act.—Whoever recruits or
causes to be recruited any person or persons for commission of a terrorist act shall be punishable 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.]
1. Ins. by Act 3 of 2013, s. 4 (w.e.f. 1-2-2013).
2. Subs. by s. 6, ibid., for section 17 (w.e.f. 1-2-2013).
3. Subs. by Act 35 of 2008, s. 7, for “incites or knowingly facilitates” (w.e.f. 31-12-2008).
4. Ins. by s. 8, ibid. (w.e.f. 31-12-2008).
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19. Punishment for harbouring, etc.—Whoever voluntarily harbours or conceals, or attempts to
harbour or conceal any person knowing that such person is a terrorist shall be punishable with
imprisonment for a term which shall not be less than three years but which may extend to imprisonment
for life, and shall also be liable to fine:
Provided that this section shall not apply to any case in which the harbour or concealment is by the
spouse of the offender.
20. Punishment for being member of terrorist gang or organisation.—Any person who is a
member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be
punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be
liable to fine.
21. Punishment for holding proceeds of terrorism.—Whoever knowingly holds any property
derived or obtained from commission of any terrorist act or acquired through the terrorist fund shall be
punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be
liable to fine.
22. Punishment for threatening witness.—Whoever threatens any person who is a witness or any
other person in whom such witness may be interested, with violence, or wrongfully restrains or confines
the witness, or any other person in whom the witness may be interested, or does any other unlawful act
with intent to cause any of the said acts, shall be punishable with imprisonment which may extend to
three years, and shall also be liable to fine.
1
[22A. Offences by companies.—(1) Where an offence under this Act has been committed by a
company, every person (including promoters of the company) who, at the time the offence was
committed, was in charge of, and was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person (including
promoters) liable to any punishment provided in this Act, if he proves that the offence was committed
without his knowledge or that he had exercised reasonable care to prevent the commission of such
offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any promoter, director, manager, secretary
or other officer of the company, such promoter, director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
22B. Offences by societies or trusts.—(1) Where an offence under this Act has been committed by a
society or trust, every person (including the promoter of society or settlor of the trust) who at the time the
offence was committed was in charge of, and was responsible to, the society or trust for the conduct of the
business of the society or the trust, as well as the society or trust, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he exercised reasonable care to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a society or trust and it is proved that the offence has been committed with the consent or
1. Ins. by Act 3 of 2013, s. 7 (w.e.f. 1-2-2013).
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connivance of, or is attributable to, any neglect on the part of any promoter, director, manager, secretary,
trustee or other officer of the society or trust, such promoter, director, manager, secretary, trustee or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purpose of this section,—
(a) “society” means any body corporate registered under the Societies Registration Act, 1860 (21
of 1860) or any other State Act governing the registration of societies;
(b) “trust” means any body registered under the Indian Trusts Act, 1882 (2 of 1882) or any other
State Act governing the registration of trusts;
(c) “director”, in relation to a society or trust, means a member of its governing board other than
an ex officio member representing the interests of the Central or State Government or the appropriate
statutory authority.]
22C. Punishment for offences by companies, societies or trusts.—Where any offence under the
Act has been committed by a company or a society or a trust, as the case may be, every person (including
promoter of company or trust or settlor of the trust) who at the time of the offence was either in charge or
responsible for the conduct of the business shall be punishable with imprisonment for a term which shall
not be less than seven years but which may extend to imprisonment for life and shall also be liable with
fine which shall not be less than five crore rupees and which may extend to ten crore rupees.]
23. Enhanced penalties.—(1)
1
[If any person with intent to aid any terrorist or terrorist organisation
or a terrorist gang contravenes] any provision of, or any rule made under the Explosives Act, 1884(4 of
1884) or the Explosive Substances Act, 1908(6 of 1908) or the Inflammable Substances Act, 1952(20 of
1952) or the Arms Act, 1959(54 of 1959), or is in unauthorised possession of any bomb, dynamite or
hazardous explosive substance or other lethal weapon or substance capable of mass destruction or
biological or 2
[chemical substance of warfare or high quality counterfeit Indian currency, he shall],
notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be
punishable 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.
(2)
3
[Any person who with the intent to aid any terrorist, or a terrorist organisation or a terrorist
gang], attempts to contravene or abets, or does any act preparatory to contravention of any provision of
any law or rule specified in sub-section (1), shall be deemed to have contravened that provision under
sub-section (1) and the provisions of that sub-section in relation to such person, have effect subject to the
modification that the reference to “imprisonment for life” therein shall be construed as a reference to
“imprisonment for ten years”.