Section-3 Punishment for terrorist acts

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PART II

PUNISHMENTS FOR, AND MEASURES FOR COPING WITH, TERRORIST AND DISRUPTIVE ACTIVITIES

Section-3 Punishment for terrorist acts. —

1. Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act.

2. Whoever commits a terrorist act, shall, —

i. 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;

ii. 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.

3. Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to 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. Whoever harbours or conceals, or attempts to harbour or conceal, any terrorist 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.

5. Any person who is a member of a terrorists gang or a terrorists organisation, which is involved in terrorist acts, 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.

6. Whoever holds any property derived or obtained from commission of any terrorist act or hasbeen acquired through the terrorist funds 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.]

Comments

Remand — Army custody — Armed Forces have no power of investigation etc. Joyanta Borbora v. State of Assam and others, 1992 Cri.L.J. 2147 = (1992) 1 CCR 902 (Gau)

Disclosure statement — Leading to recovery of revolver and cartridge — Whether clothes accused with conscious possession — Held — `No$. Raosaheb Balu Killedar v. State of Maharashtra. 1995 Cri.L.J. 2632 (SC)

Terrorist activity — Has to be such which cannot be classified as a mere law and order problem or disturbance of public order or even disturbance of the even tempo of the life of the community of any specified locality but is of the nature which cannot be tackled as an ordinary criminal activity under the ordinary penal law by the normal law enforcement agencies. Hitendra Vishnu Thakur and others etc. etc, v. State of Maharashtra and others. 1995 Cri.L.J. 517 (SC)

Confession — Recorded without complying with Section 15 — Is not reliable. State of Rajasthan v. Mahendra Singh. 1995 Cri. L.J. 3640 (SC)
 

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