member of a terrorist gang or a
terrorist organisation, which is involved in terrorist acts. Section 3(6)
provides for punishment to any person whoever ... made
under the Explosive Act, 1884 , the Explosive Substances Act, 1908 the
Inflammable Substances Act, 1952 , or the Arms Act,1959 .
A perusal of these
spread; that alleged activities include planning of unlawful acts, planning
of terrorist acts, organising marches, raising of funds for committing
terrorist activities and recruitment ... conspiracy
to commit certain acts preparatory to the commission of a terrorist act. It
has been averred that as a result of conspiracy, they conducted
Organization as a terrorist Organization, the
appellant/A7 in Crl.A.No.98/2023 against whom no terrorist act is
alleged, the restrictions under ... submitted that the commission of
terrorist act or any act preparatory to the commission of terrorist act
attract Section 18 of UAPA and therefore, Section
definition of terrorist act under the UA (P) Act. Section 15 of the UA(P) Act
reads as follows:
15. Terrorist act. —(1) Whoever does ... Act, the act cannot be termed a terrorist act.
17. The learned counsel for the appellant referred to the observations
made
incident was not a
case of simple murder, but a terrorist act committed as part of waging violent
Jihad against Non-Muslims with an intention ... purpose of an individual
terrorist or a terrorist gang or a terrorist organisation. Explanation – For the
purposes of this Act, it is hereby declared that
knowingly facilitates the
commission of, a terrorist act or any act preparatory to the
commission of a terrorist act, shall be punishable with
imprisonment ... terrorist
gang or organisation:- Any person who is a member of a
terrorist gang or a terrorist organisation, which is involved
in terrorist act, shall
commission of
terrorist act. Therefore, in order to bring any act as
preparatory act to commit terrorist act, as stated
earlier, it must be proximate ... come
into play only when an act is construed as an act
preparatory to the commission of a terrorist act. As
pointed out earlier, when
TADA Act, some physical overt act is necessary with his act of "harbouring" a terrorist. He contends that first of all, there should ... TADA Act . Sub-section (1) of Section 3 of the TADA Act which gives meaning to the "terrorist act" is as follows
para 8 as follows :
"The aforesaid provisions of the Terrorist Act clearly show that the entire Criminal Procedure Code is not made applicable ... Code is not applicable. The Act is a special Act and creates a new class of offences called terrorist acts and disruptive activities as defined
POTA contains two clauses, as extracted below:
“3. Punishment for terrorist acts.-
(1) Whoever,—
(a) with intent to threaten the unity, integrity, security or
sovereignty ... person or causes significant damage to any
property, commits a terrorist act.”
87. While Section 3(b) does make specific reference to membership
