Section 6: Terrorism

1[6. Terrorism.___ (1) In this Act, “terrorism” means the use or threat of action where: (a) the action falls within the meaning of sub-section (2), and (b) the use or threat is designed to coerce and intimidate or overawe the Government or the public or a section of the public or community or sect 2[or a foreign government or population or an international organization] or create a sense of fear or insecurity in society; or (c) the use or threat is made for the purpose of advancing a religious, sectarian or ethnic cause 3[or intimidating and terrorizing the public, social sectors, media persons, business community or attacking the civilians, including damaging property by ransacking, looting, arson or by any other means, government officials, installations, security forces or law enforcement agencies]. 3[Provided that nothing herein contained shall apply to a democratic and religious rally or a peaceful demonstration in accordance with law.] (2) An “action” shall fall within the meaning of sub-section (1), if it: (a) involves the doing of anything that causes death; (b) involves grievous violence against a person or grievous bodily injury or harm to a person; (c) involves grievous damage to property 1[, including government premises, official installations, schools, hospitals, offices or any other public or private property including damaging property by ransacking, looting or arson or by any other means]; (d) involves the doing of anything that is likely to cause death or endangers a person’s life; (e) involves kidnapping for ransom, hostage-taking or hijacking; 2[(ee) involves use of explosives by any device including bomb blast 1[or having any explosive substance without any lawful justification or having been unlawfully concerned with such explosive];] (f) incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance; 1[(g) involves taking the law in own hand, award of any punishment by an organization, individual or group whatsoever, not recognized by the law, with a view to coerce, intimidate or terrorize public, individuals, groups, communities, government officials and institutions, including law enforcement agencies beyond the purview of the law of the land;] (h) involves firing on religious congregation, mosques, imambargahs, churches, temples and all other places of worship, or random firing to spread panic, or involves any forcible takeover of mosques or other places of worship; (i) creates a serious risk to safety of the public or a section of the public, or is designed to frighten the general public and thereby prevent them from coming out and carrying on their lawful trade and daily business, and disrupts civic life; (j) involves the burning of vehicles or any other serious form of arson; (k) involves extortion of money (“bhatta”) or property; (l) is designed to seriously interfere with or seriously disrupt a communication system or public utility service; (m) involves serious coercion or intimidation of a public servant in order to force him to discharge or to refrain from discharging his lawful duties; 1[*] (n) involves serious violence against a member of the police force, armed forces, civil armed forces, or a public servant. 1[(o) involves in acts as part of armed resistance by groups or individuals against law enforcement agencies; or (p) involves in dissemination, preaching ideas, teachings and beliefs as per own interpretation on FM stations or through any other means of communication without explicit approval of the government or its concerned departments.] (3) The use or threat of use of any action falling within sub-section (2), which involves the use of firearms, explosives or any other weapon, is terrorism, whether or not sub-section (1) (c) is satisfied. 2[(3A) Notwithstanding anything contained in sub-section (1), an action in violation of a convention specified in the Fifth Schedule shall be an act of terrorism under this Act;] (4) In this section “action” includes an act or a series of acts. (5) In this Act, terrorism includes any act done for the benefit of a proscribed organization. (6) A person who commits an offence under this section or any other provision of this Act, shall be guiltyof an act of terrorism. (7) In this Act, a terrorist means: (a) 3[any person] who has committed an offence of terrorism under this Act, and is or has been concerned in the commission, preparation 2[facilitation, funding] or instigation of acts of terrorism; (b) 3[any person] who is or has been, whether before or after the coming into force of this Act, concerned in the commission, preparation 2[facilitation, funding] or instigation of acts of terrorism, shall also be included in the meaning given in clause (a) above.]

Effective date: 1997-08-16

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