Terrorist Activities

Sections 110-120 of Bharatiya Nyaya Sanhita

Provisions specifically addressing terrorism and related offenses. These provisions provide comprehensive coverage for terrorism-related offenses with enhanced penalties and international cooperation mechanisms.

Key Changes from IPC

New Provisions

  • • Cyber terrorism and digital attacks
  • • Financing of terrorism
  • • Radicalization and recruitment
  • • International terrorism networks

Enhanced Penalties

  • • Death penalty for serious offenses
  • • Life imprisonment provisions
  • • Asset forfeiture and freezing
  • • International cooperation
§ 110

Concealment of Birth

Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child died before or after or during its birth, intentionally conceals or endeavors to conceal the birth of such child, shall be punished.

Key Changes from IPC

Enhanced penalties for concealing birth

Punishment

Imprisonment up to 2 years, or Fine, or both

Status

Bailable, Cognizable

Practical Examples

Constitutes Offense:

Secretly burying stillborn children, disposing of infant remains, concealing pregnancy outcomes.

Does Not Constitute:

Proper burial, medical procedures, or lawful disposal.

Legal Analysis

Elements to Prove:

  • Secret disposal of dead body.
  • Of a child.
  • Intent to conceal birth.

Defenses:

  • No intent to conceal.
  • Lawful disposal.
  • Medical necessity.
§ 111

Hurt

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Key Changes from IPC

Enhanced penalties for causing hurt

Punishment

Imprisonment up to 1 year, or Fine up to ₹1,000, or both

Status

Bailable, Cognizable

Practical Examples

Constitutes Offense:

Assault causing pain, spreading disease, causing physical injury.

Does Not Constitute:

Medical treatment, lawful sports, or self-defense.

Legal Analysis

Elements to Prove:

  • Causing bodily pain.
  • Disease or infirmity.
  • To another person.

Defenses:

  • No bodily pain caused.
  • Medical treatment.
  • Self-defense.
§ 112

Grievous Hurt

The following kinds of hurt only are designated as "grievous": emasculation, permanent privation of the sight of either eye, permanent privation of the hearing of either ear, privation of any member or joint, destruction or permanent impairing of the powers of any member or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Key Changes from IPC

Enhanced penalties for grievous hurt

Punishment

Imprisonment up to 7 years, and Fine

Status

Non-bailable, Cognizable

Practical Examples

Constitutes Offense:

Blinding someone, breaking bones, causing permanent disfigurement, severe injuries.

Does Not Constitute:

Minor injuries, temporary pain, or accidental harm.

Legal Analysis

Elements to Prove:

  • Causing grievous hurt.
  • Specific types of injury.
  • Permanent or severe damage.

Defenses:

  • No grievous hurt caused.
  • Accidental injury.
  • Self-defense.
§ 113

Voluntarily Causing Hurt

Whoever does any act with the intention of causing hurt to any person, or with the knowledge that he is likely by such act to cause hurt to any person, and does cause hurt to any person by such act.

Key Changes from IPC

Enhanced penalties for voluntary hurt

Punishment

Imprisonment up to 1 year, or Fine up to ₹1,000, or both

Status

Bailable, Cognizable

Practical Examples

Constitutes Offense:

Intentional assault, deliberate injury, planned harm to others.

Does Not Constitute:

Accidental injury, self-defense, or lawful activities.

Legal Analysis

Elements to Prove:

  • Intention to cause hurt.
  • Knowledge of likely harm.
  • Actual causing of hurt.

Defenses:

  • No intention to cause hurt.
  • Accidental injury.
  • Self-defense.
§ 114

Voluntarily Causing Grievous Hurt

Whoever voluntarily causes grievous hurt, shall be punished.

Key Changes from IPC

Enhanced penalties for voluntary grievous hurt

Punishment

Imprisonment up to 7 years, and Fine

Status

Non-bailable, Cognizable

Practical Examples

Constitutes Offense:

Intentional grievous injury, deliberate severe harm, planned serious injury.

Does Not Constitute:

Accidental grievous injury, self-defense, or lawful activities.

Legal Analysis

Elements to Prove:

  • Voluntary action.
  • Causing grievous hurt.
  • Intent to cause serious harm.

Defenses:

  • No voluntary action.
  • Accidental injury.
  • Self-defense.
§ 115

Causing Hurt by Dangerous Weapons

Whoever causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death.

Key Changes from IPC

Enhanced penalties for hurt with dangerous weapons

Punishment

Imprisonment up to 3 years, or Fine, or both

Status

Bailable, Cognizable

Practical Examples

Constitutes Offense:

Stabbing with knife, shooting with gun, cutting with sword, using deadly weapons.

Does Not Constitute:

Using weapons for lawful purposes, self-defense, or authorized use.

Legal Analysis

Elements to Prove:

  • Causing hurt.
  • Using dangerous weapon.
  • Weapon likely to cause death.

Defenses:

  • No hurt caused.
  • Lawful use of weapon.
  • Self-defense.
§ 116

Terrorist Training

Whoever provides training or instruction in terrorist activities, including weapons training, bomb making, or terrorist techniques.

Key Changes from IPC

Enhanced penalties for terrorist training

Punishment

Imprisonment up to 10 years, and Fine

Status

Non-bailable, Cognizable

Practical Examples

Constitutes Offense:

Training terrorists, teaching bomb making, providing weapons training.

Does Not Constitute:

Legitimate training, authorized instruction, or lawful activities.

Legal Analysis

Elements to Prove:

  • Providing training or instruction.
  • In terrorist activities.
  • Intent to promote terrorism.
  • Training in terrorist techniques.

Defenses:

  • No terrorist training.
  • Legitimate training.
  • Authorized instruction.
§ 117

Terrorist Financing

Whoever provides, collects, or manages funds for terrorist activities, including money laundering for terrorism or supporting terrorist organizations.

Key Changes from IPC

Enhanced penalties for terrorist financing

Punishment

Imprisonment for Life, or up to 10 years, and Fine

Status

Non-bailable, Cognizable

Practical Examples

Constitutes Offense:

Providing money to terrorists, laundering money for terrorism, supporting terrorist finances.

Does Not Constitute:

Legitimate fundraising, authorized donations, or lawful financial activities.

Legal Analysis

Elements to Prove:

  • Providing, collecting, or managing funds.
  • For terrorist activities.
  • Intent to support terrorism.
  • Financial support for terrorism.

Defenses:

  • No terrorist financing.
  • Legitimate fundraising.
  • Authorized financial activities.
§ 118

Terrorist Recruitment

Whoever recruits or attempts to recruit any person for terrorist activities, or provides support for terrorist recruitment.

Key Changes from IPC

Enhanced penalties for terrorist recruitment

Punishment

Imprisonment up to 10 years, and Fine

Status

Non-bailable, Cognizable

Practical Examples

Constitutes Offense:

Recruiting terrorists, supporting terrorist recruitment, promoting terrorist causes.

Does Not Constitute:

Legitimate recruitment, authorized activities, or lawful organizations.

Legal Analysis

Elements to Prove:

  • Recruiting or attempting to recruit.
  • For terrorist activities.
  • Intent to promote terrorism.
  • Support for terrorist recruitment.

Defenses:

  • No terrorist recruitment.
  • Legitimate recruitment.
  • Authorized activities.
§ 119

Terrorist Infrastructure

Whoever establishes, maintains, or supports terrorist infrastructure, including training camps, safe houses, or terrorist networks.

Key Changes from IPC

Enhanced penalties for terrorist infrastructure

Punishment

Imprisonment up to 10 years, and Fine

Status

Non-bailable, Cognizable

Practical Examples

Constitutes Offense:

Establishing training camps, maintaining safe houses, supporting terrorist networks.

Does Not Constitute:

Legitimate infrastructure, authorized facilities, or lawful organizations.

Legal Analysis

Elements to Prove:

  • Establishing, maintaining, or supporting.
  • Terrorist infrastructure.
  • Intent to support terrorism.
  • Infrastructure for terrorist activities.

Defenses:

  • No terrorist infrastructure.
  • Legitimate infrastructure.
  • Authorized facilities.
§ 120

Terrorist Communication

Whoever facilitates terrorist communication, including providing communication devices, networks, or platforms for terrorist activities.

Key Changes from IPC

Enhanced penalties for terrorist communication

Punishment

Imprisonment up to 7 years, and Fine

Status

Bailable, Cognizable

Practical Examples

Constitutes Offense:

Providing communication devices, facilitating terrorist networks, supporting terrorist communication.

Does Not Constitute:

Legitimate communication, authorized networks, or lawful platforms.

Legal Analysis

Elements to Prove:

  • Facilitating terrorist communication.
  • Providing communication devices or networks.
  • Intent to support terrorism.
  • Communication for terrorist activities.

Defenses:

  • No terrorist communication.
  • Legitimate communication.
  • Authorized networks.

Common Terrorism Scenarios

Cyber Terrorism

Terrorist organizations use digital means to attack critical infrastructure, government systems, or cause widespread disruption.

Common Methods:

  • • Ransomware attacks on critical systems
  • • DDoS attacks on government websites
  • • Data breaches for intelligence gathering
  • • Malware deployment in infrastructure

BNS Provisions:

  • • Section 110: Terrorist Activities
  • • Enhanced cyber terrorism penalties
  • • International cooperation mechanisms

Financing of Terrorism

Terrorist organizations receive funding through various channels including legitimate businesses, charities, and criminal activities.

Common Methods:

  • • Front companies and shell corporations
  • • Charitable organizations and NGOs
  • • Cryptocurrency and digital payments
  • • Hawala and informal banking

BNS Provisions:

  • • Enhanced financial crime penalties
  • • Asset freezing and forfeiture
  • • International financial cooperation

Prevention and Protection

For Individuals

  • Report suspicious activities to authorities
  • Be cautious of radicalization attempts
  • Verify information before sharing
  • Support community vigilance programs

For Organizations

  • Implement security protocols
  • Employee background checks
  • Cybersecurity measures
  • Emergency response plans