Definition
An act defined under Section 15 of the Unlawful Activities (Prevention) Act (UAPA), 1967 that is intended to threaten the unity, integrity, security, economic security, or sovereignty of India, or to strike terror in people — punishable with death or life imprisonment for cases resulting in death.
Under Section 15 of the UAPA, 2019 (amended), a 'terrorist act' is an act done with intent: (a) to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India; (b) to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country. The act must involve: bombs, explosives, inflammable substances, firearms, or other lethal weapons; destruction of property; disruption of essential services; use of chemical/biological/radiological weapons; or any other special categories. The UAPA also allows designation of individuals (not just organisations) as terrorists since the 2019 amendment — without trial, based on the Central Government's assessment.
Statutory Definition
Section 15(1), Unlawful Activities (Prevention) Act (UAPA), 2019: 'Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with 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, — (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause — (i) death of, or injuries to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or (iiia) damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material... commits a terrorist act.'
Etymology & Origin
From Latin 'terrorem' (great fear, panic, from 'terrere' — to frighten greatly). A 'terrorist act' is one that 'terrorises' — that deliberately induces extreme fear in a population for political purposes. The legal definition extends this to include economic security threats and attacks on government structures.
Full Legal Analysis
Terrorist Act: The UAPA Definition and Its Breadth
The UAPA’s definition of “terrorist act” is notably broad — encompassing not only conventional terrorism (bomb attacks, mass shooting) but also economic threats (high-quality counterfeit currency), biological/chemical/radiological weapons, and acts that merely “likely” threaten security or terror (without necessarily succeeding). This breadth has been criticised as potentially sweeping in legitimate dissent and protest alongside genuine terrorism.
UAPA Bail Conditions: Section 43D(5)
One of the most significant features of the UAPA is its bail provision: Section 43D(5) provides that bail shall not be granted to an accused if the court is satisfied that there are reasonable grounds to believe that the accusation is prima facie true. This reverses the normal bail presumption and has been widely criticised as making bail nearly impossible in UAPA cases. The Supreme Court in Union of India v. K.A. Najeeb (2021) 3 SCC 713 held that constitutional courts may grant bail in UAPA cases on the ground of violation of fundamental rights (inordinate delay in trial) — even when the Section 43D(5) bar would otherwise apply.
Individual Terrorist Designation: 2019 Amendment
The 2019 UAPA amendment allows the Central Government to designate individuals (not just organisations) as terrorists and list them in the Schedule to the Act. A designated individual faces consequences similar to a designated terrorist organisation — their activities are restricted, their assets may be frozen, and they may be arrested. This power — designation without trial — has been challenged as violating natural justice and the presumption of innocence. The Supreme Court upheld the basic constitutionality of the provision in 2023.
“A 'terrorist act' in law is not merely a violent crime — it is a crime against the political community, intended to coerce or destabilise through fear. The UAPA’s breadth reflects the multidimensional nature of modern terrorism — physical, economic, radiological, cyberterrorism. But breadth creates the risk of overreach, and UAPA’s bail restrictions have been its most controversial feature.”
This Term in Indian Statutes
Unlawful Activities (Prevention) Act, 2019, 2019
"Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror in the people, by using bombs, firearms, or other lethal weapons, or any other means of a hazardous nature, commits a terrorist act."
Terrorist act under UAPA: intent to threaten security/sovereignty or strike terror; broad definition includes economic security threats; Section 43D(5) bail restriction
