Starting July 1, three new criminal laws will come into force, replacing the Indian Penal Code (IPC) with the Indian Justice Code, the Code of Criminal Procedure (CRPC) with the Indian Civil Protection Code, and the Indian Evidence Act with the Indian Evidence Code. These laws were passed by Parliament last year.
Replacing the IPC, the new Indian Justice Code will also define organised crime and terrorism. Previously, the IPC did not include a definition of terrorism but now, clear guidelines have been set for what constitutes a terrorist act.
Going forward, damaging any of India’s properties abroad will also be considered a terrorist act. This amendment is believed to be in response to attacks on Indian embassies in the USA, Canada, and the UK last year.
What are the Boundaries of Terrorism Now?
Terrorism has been redefined. Accordingly, there is now certainty over which crimes will fall under this category.
According to Section 113 of the Indian Justice Code, any act that threatens the integrity, unity, and security of India, or that intimidates the general public or a segment thereof, or that disrupts public order with intent, whether in India or another country, will be considered a terrorist act.
The term 'economic security' has also been added to the definition of terrorism. Under this, the smuggling or circulation of counterfeit currency or coins will also be recognised as a terrorist activity. Moreover, any force used against a government official will fall within the scope of terrorism.
The new laws state that in addition to bomb explosions, terrorist acts will also include biological, radioactive, nuclear, or any other dangerous attacks that result in death or injury.
Additionally, destroying or causing damage to any property belonging to the Indian Government, a State Government, or situated abroad will be considered terrorism.
If a person knowingly retains control over a property knowing it was acquired through terrorist activities, this will also be deemed a terrorist act.
Kidnapping or detaining an individual with the aim to influence the Indian Government, State Government, or a foreign country's government will constitute a terrorist deed.
What will be the Sentence?
Section 113 also specifies varying punishments for different crimes. For example, if a terrorist act results in the death of a person, the punishment can range from the death penalty to life imprisonment and a fine.
If someone conspires to commit a terrorist action, or aids such activities intentionally, they could face a minimum of five years imprisonment, extendable to life imprisonment, along with fines. Associating with a terrorist organisation can also attract life imprisonment.
Knowingly sheltering or attempting to shelter persons engaged in terrorist activities will be treated as an accessory to terrorism, punishable with three years to life imprisonment and also fines.
Previously, the IPC did not define terrorism; for dealing with terrorist activities, the Unlawful Activities Prevention Act (UAPA) of 1967 was used. This law has been amended multiple times.
UAPA defined terrorism as acts that threatened India's integrity or sovereignty, causing property damage or disrupting essential services. Government could declare entities as terrorist under this law and seize their properties.
Section 16 of the UAPA dealt with terrorism. Under it, if someone dies due to a terrorist act, the offender can face death or life imprisonment, along with a fine.
