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BNS § 113 and UAPA

Definition

BNS 2023 § 113 creates the general criminal offence of terrorist act in India. The Unlawful Activities (Prevention) Act 1967 (as amended 2019, with individual-designation powers) remains the primary prosecution statute for terrorism offences and provides for enhanced investigation, detention, and trial provisions.

BNS provision
Section 113, general terrorist act offence
UAPA status
1967 Act, amended 2019, still primary prosecution statute
UAPA adds
Individual-designation powers, enhanced investigation/detention provisions
Relationship
Complementary, not mutually exclusive statutes

Common questions

Why does India retain both a BNS terrorism provision and the separate UAPA?+

BNS Section 113 provides a general criminal-code definition of terrorist act usable in ordinary prosecutions, while UAPA is a specialised statute with its own investigative powers, extended detention timelines, and mechanisms like individual designation of a person as a terrorist, which the general criminal code does not provide.

What does UAPA's individual-designation power let authorities do?+

Following the 2019 amendment, the central government can formally designate a specific individual, not just an organisation, as a terrorist under UAPA, triggering restrictions and legal consequences tied to that designation, a mechanism separate from and in addition to filing charges under BNS Section 113.

Related terms

Channel Programme (UK)
The referral and multi-agency assessment pathway within UK Prevent. Any public-sector professional can refer an individual; a Channel panel assesses vulnerability and...
Disengagement vs Deradicalisation
Disengagement: ceasing to participate in extremist activity without necessarily changing underlying beliefs. Deradicalisation: changing the beliefs and identity constructs that motivated extremism....
Leakage
Intentional or unintentional communication of intent to commit violence to a third party. One of TRAP-18's eight proximal warning behaviours and the...
McCauley-Moskalenko Two-Pyramid Model
Conceptual framework (Friction, 2011) distinguishing the opinion pyramid (distribution of extreme views) from the action pyramid (distribution of extremist behaviour). The two...
TRAP-18 (Terrorist Radicalisation Assessment Protocol)
18-indicator structured professional judgement instrument by Reid Meloy, Roshdi, Guldimann and Hoffmann (2014). Distinguishes 8 proximal warning behaviours (leakage, pathway, fixation, novel...
VERA-2R (Violent Extremism Risk Assessment)
Structured professional judgement instrument by Elaine Pressman and John Flockton (2010, revised) for known extremist individuals in contact with the justice or...

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