Definition of Terrorist Act

Definition of Terrorist Act

Context:

The recent Supreme Court judgments in the Delhi riots “larger conspiracy” cases mark a significant expansion and clarification of what constitutes a “terrorist act” under the Unlawful Activities (Prevention) Act, 1967.

The Court has moved beyond a narrow violence-centric understanding to a process-based and intent-centric interpretation

Statutory Definition under Section 15, UAPA

Committed with intent to threaten or likely to threaten

Unity

Integrity

Security

Sovereignty of India

Or to strike terror in people by using:

Bombs, explosives, firearms, etc

Or “any other means”

Leading to death/Injury, damage to property, disruption of essential services, economic insecurity and Destabilization of civic life.

Supreme Court’s Expanded Interpretation

The Supreme Court has held that

“A terrorist act is not confined to the final act of violence, but includes the entire chain of conspiratorial activities leading to it”

It includes Ideological Drivers and Executors

Ideological Drivers aredescribed by the court as the ones who are involved in the "conceptualisation, direction, orchestration, or mobilisation" of the act.

Executors aredescribed as "subsidiary" or "facilitative," lacking autonomous decision-making authority.

Thus the court explicitly rejected the idea that terrorism is a single, isolated violent act. Instead it held that terrorism is the culmination of organised, sustained and conspiratorial conduct.