HomeIndian DefenceBharatiya Nyaya Sanhita Bill widens definition of terrorism

Bharatiya Nyaya Sanhita Bill widens definition of terrorism

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NEW DELHI: The redrafted criminal law bill set to replace the Indian Penal Code (IPC), 1860, has widened the definition of “terrorism” and left it to an officer, not below the rank of Superintendent of Police, to invoke section 113 of Bharatiya Nyaya (Second) Sanhita Bill (BNSB), 2023, or the Unlawful Activities (Prevention Act), 1967.

Section 113 of BNSB says: “Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the 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 shall be punishable with death or life in prison and shall also be liable to a fine, if such offence has resulted in death of any person.”

A significant change is the inclusion of “economic security.” The bill states that those found guilty of committing a terrorist act shall “be punished with death, or imprisonment for life”, and those who conspire or attempt to abet or incite such action, or knowingly facilitate the commission of a terrorist act, could face a jail term of not less than five years and extending to life.

Section 159 of BNSB says: “Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force…or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

BNSB clarifies “no person subject to the Air Force Act, 1950, the Army Act, 1950, and the Navy Act, 1957, shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter.”

Abduction-Detention Clause
The bill introduces a clause that abduction or detention of a person to influence the government of India, a state government or government of any foreign country, will constitute an act of terror.

Lynching, hate-crime murder
The bill introduces provisions for life or death sentences for offences linked to mob lynching and hate-crime murder. The provisions are included in Section 103 of the bill that deals with “punishment of murder” for crimes related to mob lynching and hate crimes.

Husband’s Cruelty
Another addition to the revised bill is defining “cruelty” against a woman by her husband and his relatives, which is punishable with a jail term of up to three years.

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