(1) Whoever, -,
(a) with intent to threaten the unity, integrity, security or (err04 a sovereignty of India or to &trike terror in thelpeople or any section of :i 2 4 the people does any act or thing by using bombs, dynamite or other \ explosive substances or inflammable substances or fire arms or other lethal weapon's or poisons or noxious gases or other cknenniccJs or by any other substances (whether biological or 8 2 \ S&. 11 THE GAZElTE OF INDIA EXTRA~RDINARY 5 .
in such a manner as to cause, or 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 causes damage or d&truction of any property or equipment used or intended to be used for the deferice of India or in connection with any other purposes of - the Government of India, any State Government or any of their agencies, or detains any person and threatens to kill or injure such .
person in order to compel the Government or any other person to do I or abstain fiom doing any act; 4 I
(b) is or continues to be a member of an association 4 declared unlawful under the Unlawful Activities (Prevention) Act, i 7 of 1967. 1967, or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed 'firearms, ammunition, explosive or other I instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous &jury to any person or causes significant damage to any property, \ - commitsaterroristact.
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Explanation- For the puqoses of his sub-section, "a terrorist act" shall include the act of raising l n d s intended for the purpose of terrorism.
(2) Whoever commits a terrorist ict, shall,- : t ' I 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- i I
(ii) in any other case, be punishable with imprisonment for a teqn which shall not be less than five years but which may I extend to imprisonment fai 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, aterrorist ;I , act or any act preparatory to a terrorist act, dhall be punishable with ; / imprisonment for a term which shall not be less than five years but ' i .which may extend to imprisonment for life and ,shall also'be liable to fine.
(4) Whoever voluntarily harbours or conceals, or attempts to harbour , I or conceal any person knowing that such person is a terrorist shall be I punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall I / also be liable to fine:
Provided that this sub-section shall not apply to any case in which , the harbour or concealment is by the husband or wife of the offender.
1 (5) Any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist acts, shall be punishable with kprisonment for a term which may extend to imprisonment foi life or &h fine which may extend to rupees ten lakh or with both.
Explanation- For the purposes of this sub-section, "terrorist organisation" means an organisation which is concerned with or i ( , i involved in terrorism.
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(6) Whoever knowingly holds any. property derived or obtained from 1 : commission of any terrorist act or has been acquired through the SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 7 terrorist knds shall be punishable with imprisonment for a term which may extend to imprisonment for life or with fine which may extend to rupees ten lakh or with both.
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(7) Whoever threatens any person who is a witness or any other person in whom such witness ' may be interested; with violence, or wronghlly restrains or confines the witness, or any other person in whom the witness ma): be interested, or does any other unlawful act with the said intent, shall be punishable with imprisonment which may extend to three years and fine.
(8) A person.receiving or in possession of information which he knows or believes to be of material assistance-
(i) in preventing the commission by any other person of a terrorist act; or
(ii) in securing the apprehension, prosecution or conviction of any other person for an offence involving the commission, preparation or instigation of such an act, and fails, without reasonable cause, to disclose that information as soon as reasonably practicable to the police, shall be punishable with imprisonment for a term which may extend to one year or with fine or with both:
Provided that a legal practitioner of the accused shall not be bound to disclose such information which he .might have ?eceived while defending the accused.
Possessiorl of
(a) arms or zmrnunition specified in colun~ns (2) and (3) of u~iauthorized Category 1 or Category III (2) of Schedule I to the h ~ z $ Rules, 1462, in a notified area, .- % .
8 THE G A Z m E OF INDIA EXTRAORDINARY [PART II- 8 l i- (b) bombs, dynamite or hazardous explosive substances 'or / I other lethal weapons capable of mass destruction or biological or Enhanced penalties.
chemical substances of warfare in any area, whether notified or not, . he shall be guilty of terrorist aot notwithstanding anything contained in any other law for the time being in 'force, and be punishable with imprisonment for a term which may extend to imprisonment for life or with fine which may extend to rupees ten lakh or with both.
Explanation .- In this section "notified area" means such area as the State Govemerlt may, 'by notification in thc Official Gazette,