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(b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other Crl.M.C.3961 & 4285 of 2010 23 act in order to compel the Government of India, any State Government or the Government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act.

Explanation:- For the purpose of this section, public functionary means the constitutional authorities and any other functionary notified in the official Gazette by the Central Government as a public functionary."

Therefore the following ingredients are necessary to constitute a terrorist act. The act must be done(1) with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India or (2) with intent to strike terror or likely to strike terror in the people Crl.M.C.3961 & 4285 of 2010 24 or any section of the people in India or in any foreign country- (a) by using bombs, or (b) dynamite or (c) other explosive substances or

(d) inflammable substances or (e) firearms or(f) other lethal weapons or (g)poisonous or noxious gases or (h) other chemicals or (i)by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature. It must be to cause or likely to cause (i) death of, or injuries to any person or persons (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 (iv) to cause damage or destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of Government of India, any State Government or any of their agencies. It could also be a terrorist act if it overawes by means of criminal force or attempt to do so or causes Crl.M.C.3961 & 4285 of 2010 25 death of any public functionary or attempts to cause death of any public functionary or detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or any other person to do or abstain from doing any act.

When Section 3 provides that to constitute a terrorist act there should be an intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different Crl.M.C.3961 & 4285 of 2010 27 sections of the people, Section 15 provides the intention to threaten or likely to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country. Therefore when section 3 provides the intent to overawe the Government as by law established, under section 15 the intent is to threaten unity, integrity, security or sovereignty of India. True, clause (b) of Section 15 provides that by means of criminal force or show of criminal force do or attempts to do or causes death of any public fuctionary or attempts to cause death of any public functionary would also be committing a terrorist act. Under section 3 of TADA and section 15 of the Act, it is provided that using bombs dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature is necessary. In Crl.M.C.3961 & 4285 of 2010 28 Section 3 the acts must be done in such a manner as to cause, or as is 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 detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act. Scope of Section 15 is widened by providing destruction of any property or equipment used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any other agencies. Thus to attract section 15, prosecution should have a case that the accused with intent to threat unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people in India or in any foreign country, while under section 3, the intention is to strike terror in any section of the people or to alienate any Crl.M.C.3961 & 4285 of 2010 29 section of the people or to adversely affect the harmony amongst different sections of the people.