Anti-Terrorism Act, 1997 — Section 5: Use of armed forces and civil armed forces to prevent terrorism

5. Use of armed forces and civil armed forces to prevent terrorism. ___ (1) Any police officer, or member of the armed forces, or civil armed forces, who is present or deployed in any area may, after giving sufficient warning, use the necessary force to prevent the commission of terrorist acts or scheduled offences, and, in so doing shall, in the case of an officer of the armed forces or civil armed forces, exercise all the powers of a police officer under the Code.

(2)In particular and without prejudice to the generality of the provisions of sub-section (1), an officer of the police, armed forces and civil armed forces may

(i)after giving prior warning use such force as may be deemed necessary or appropriate, bearing in mind all the facts and circumstances of the situation, against any person who is committing 1[* * * * * *] a terrorist act or a scheduled offence. Provided further that the decision to fire or order firing shall be taken only by way of last resort, and shall in no case extend to the inflicting of more harm than is necessary to prevent the terrorist act or scheduled offence which has given rise to the reasonable apprehension of death or grievous hurt: Provided further that all cases of firing which have resulted in death or grievous injury shall be reviewed by an internal inquiry committee constituted by the head of the law enforcement agency concerned.]

(ii)arrest without warrant, any person who has committed an act of terrorism or a scheduled offence or against whom a reasonable suspicion exists that he has committed, or is about to commit, any such act or offence; and

(iii)enter and search, without warrant, any premises to make any arrest or to take possession of any property, fire arm, weapon or article used, or likely to be used, in the commission of any terrorist act or scheduled offence.

(3)Nothing contained in sub-section (1) or (2) shall affect the provisions of Chapter IX of the Code and the provision of section 132 of the Code shall apply to any person acting under this section. 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; 1Subs. by Ordinance No. XXXIX of 2001, s. 5. 2Ins. by Act No. XIII of 2013, s. 3. 3Added by Act No. XX of 2013, s. 2.

(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; 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: 3

(a)[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; 3

(b)[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.] 4 [7. Punishment for acts of terrorism.___ 1[(1)] Whoever commits an act of terrorism under section 6, whereby–

(a)death of any person is caused, shall be punishable, on conviction, with death or with imprisonment for life, and with fine; or 1Added and re-numbered by Act No. XX of 2013, ss. 2 and 3. 2Ins. and subs. by Act No. XIII of 2013, s. 3. 3Subs. by Act No. XXIII of 2020, s. 2. 4Subs. by Ordinance No. XXXIX of 2001, s. 6.

(b)he does anything likely to cause death or endangers life, but death or hurt is not caused, shall be punishable, on conviction, with imprisonment of either description for a term which shall not be less than 1[ten years] but may extend to 1 [imprisonment for life] and with fine;

(c)grievous bodily harm or injury is caused to any person, shall be punishable, on conviction, with imprisonment of either description for a term which shall not be less than 1[ten years] but may extend to imprisonment for life and shall also be liable to a fine; or

(d)grievous damage to property is caused, shall be punishable on conviction, with imprisonment, of either description for a term not less than ten years 1[but may extend to imprisonment for life], and shall also be liable to a fine; or

(e)the offence of kidnapping for ransom or hostage-taking has been committed, shall be punishable, on conviction, with death or imprisonment for life 2[*******]; or

(f)the offence of hijacking, has been committed, shall be punishable, on conviction, with death or imprisonment for life 2[*******] and fine;