[i]Chapter IV
PUNISHMENT FOR TERRORIST ACTIVITIES
15. Terrorist act.
[ii][15. Terrorist act.—[iii][(1)] Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security [iv][, 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
[v][(iii-a) 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 [vi][an international or inter-governmental organisation or any other person to do or abstain from doing any act; or]
commits a terrorist act.
[vii][Explanation.—For the purpose of this sub-section,—
(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 compromises with the key security features as specified in the Third Schedule.]]
[viii][(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.
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.
16-A. Punishment for making demands of radioactive substances, nuclear devices, etc.
16-A. Punishment for making demands of radioactive substances, nuclear devices, etc.—[ix][* * *]
17. Punishment for raising funds for terrorist act.
[x][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.
18. Punishment for conspiracy, etc.—Whoever conspires or attempts to commit, or advocates, abets, advises or [xi][incites, directs 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.
18-A. Punishment for organising of terrorist camps.
[xii][18-A. 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.]
18-B. Punishment for recruiting of any person or persons for terrorist act.
[xiii][18-B. 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.]
19. Punishment for harbouring, etc.
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.
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.
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.
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.
22-A. Offences by companies.
[xiv][22-A. 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 purpose 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.]
22-B. Offences by societies or trusts.
[xv][22-B. 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 an 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 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.]
22-C. Punishment for offences by companies, societies or trusts.
[xvi][22-C. Punishment for offences by companies, societies or trusts.—Where any office 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.
23. Enhanced penalties.—(1) [xvii][If any person with intent to aid any terrorist or a terrorist organisation or a terrorist gang contravenes] any provision of, or any rule made under the Explosives Act, 1884 or the Explosive Substances Act, 1908 or the Inflammable Substances Act, 1952 or the Arms Act, 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 [xviii][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) [xix][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”.
References
[i] Chapter IV to VII and the Schedule Substituted for Chapter IV by Act 29 of 2004, S. 7 (w.e.f. 21-9-2004).
[ii] Substituted by Act 35 of 2008, S. 4 (w.e.f. 31-12-2008).
[iii] Renumbered as sub-section (1) by Act 3 of 2013, S. 4 (w.e.f. 1-2-2013).
[iv] Inserted by Act 3 of 2013, S. 4(i) (w.e.f. 1-2-2013).
[v] Inserted by Act 3 of 2013, S. 4(ii) (w.e.f. 1-2-2013).
[vi] Substituted for “any other person to do or abstain from doing any act,” by Act 3 of 2013, S. 4(iii) (w.e.f. 1-2-2013).
[vii] Subs by Act 3 of 2013, S. 4(iv) (w.e.f. 1-2-2013).
[viii] Inserted by Act 3 of 2013, S. 4(v) (w.e.f. 1-2-2013).
[ix] Omitted by Act 3 of 2013, S. 5 (w.e.f. 1-2-2013).
[x] Substituted by Act 3 of 2013, S. 6 (w.e.f. 1-2-2013).
[xi] Substituted for “incites or knowingly facilitates” by Act 35 of 2008, S. 7 (w.e.f. 31-12-2008).
[xii] Inserted by Act 35 of 2008, S. 8 (w.e.f. 31-12-2008).
[xiii] Inserted by Act 35 of 2008, S. 8 (w.e.f. 31-12-2008).
[xiv] Inserted by Act 3 of 2013, S. 7 (w.e.f. 1-2-2013).
[xv] Inserted by Act 3 of 2013, S. 7 (w.e.f. 1-2-2013).
[xvi] Inserted by Act 3 of 2013, S. 7 (w.e.f. 1-2-2013).
[xvii] Substituted for “If any person with intent to aid any terrorist contravenes” by Act 35 of 2008, S. 9(a) (w.e.f. 31-12-2008).
[xviii] Substituted for “chemical substance of warfare, he shall” by Act 3 of 2013, S. 8 (w.e.f. 1-2-2013).
[xix] Substituted for “Any person who, with intent to aid any terrorist” by Act 35 of 2008, S. 9(b) (w.e.f. 31-12-2008).
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