Centre redefines terrorism in revised criminal laws bill

The updated version of the Bharatiya Nyaya Sanhita Bill, 2023 (BNS) has brought significant changes to its Section 113, addressing acts of terrorism. Introduced by Home Minister Amit Shah, the Bharatiya Nyaya (Second) Sanhita Bill, presented in Lok Sabha, aligns with the provisions of the Unlawful Activities (Prevention) Act, 1967. Notable modifications include a revised definition of a 'terrorist act,' now encompassing attacks on the economic security and monetary stability of the country. Interestingly, it excludes intimidation of the general public or disturbance of public order from its purview.

One of the key alterations in the updated bill is the elimination of the proposed fines ranging from Rs 5 lakh to Rs 10 lakh for various terrorist acts. The bill now empowers the courts to determine the quantum of the fine. Additionally, the provision denying parole to a terrorist involved in an offense resulting in the death of a victim, punishable with death or life imprisonment, has been removed.

In its original form, the BNS bill had suggested imposing a Rs 10 lakh fine for committing a terrorist act resulting in death and a Rs 5 lakh fine for other cases related to terror conspiracy, membership in a terrorist outfit, harboring a terrorist, and holding property acquired from terror proceeds. The earlier bill also considered intimidation of the government in a manner likely to cause death or injury to a public functionary, or threatening to kill a person to compel the government to act or abstain from doing any act as a "terrorist act."

The revised BNS bill redrafts these provisions, defining them as overawing through criminal force, causing death of any public functionary, detention, kidnapping, or abduction of any person, and threatening to kill or injure such a person to compel the Government of India, state government, or a foreign country or an international organization. Notably, the contents of the reintroduced BNS Bill's Section 113 closely mirror Sections 15 to 21 of the UAPA.

The bill clarifies that the decision on whether to register a case under Section 111 of BNS or UAPA will be made by an officer not below the rank of Superintendent of Police. While retaining the maximum and minimum punishment for various terrorist acts, the new BNS bill specifically outlines the punishment for organizing terrorist training camps and recruiting individuals for terrorist acts as imprisonment for a minimum of five years, extendable to life, along with a fine.

Section 113 of the revised BNS Bill also removes the explanation of what is meant by the references 'terrorist' or 'terrorist organization.' As the bill undergoes scrutiny and debate in the legislative process, further modifications and discussions are anticipated to refine its content and address potential concerns.