Terrorism - Definition - Law Dictionary Home Dictionary Definition terrorism

Definition :

Terrorism, as ordinarily understood, means the act of terrorising, Muralidhar Sarangi v. New India Assurance Co. Ltd., (2000) 3 SCC 466.

It may be possible to describe 'terrorism' as use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces or has the potential of producing on the society as a whole. There may be death, injury, or destruction of property or even deprivation of individual liberty in the process but the extent and reach of the intended terrorist activity travels beyond the effect of an ordinary crime capable of being punished under the ordinary penal law of the land and its main objective is to overawe the Government to disturb harmony of the society or 'terrorise' people and the society and not only those directly assaulted, with a view to disturb even tempo, peace and tranquillity of the society an create a sense of fear and insecurity. A 'terrorist' activity does not merely arise by causing dis-turbance of law and order or of public order. The fall out of the intended activity must be such that it travels beyond the capacity of the ordinary law enforcement agencies to tackle it under the ordinary penal law. Experience has shown us that 'terrorism' is generally an attempt to acquire or maintain power or control by intimidation and causing fear and helplessness in the minds of the people at large or any section thereof and is a totally abnormal phenomenon. What distinguishes 'terrorism' from other forms of violence, therefore, appears to be the deliberate and systematic use of coercive intimidation, Hitendra Vishnu Thakur v. State of Maharashtra, AIR 1994 SC 2623 (2629): (1994) 4 SCC 602; see also Mohd Iqbal M. Shaikh v. State of Maharashtra, (1984) 4 SCC 494.

(ii) Terrorism means the act of terrorising; unlawful acts of violence committed in an organised attempt to overthrow a government or like purposes, State of Punjab v. Sukhpal Singh, AIR 1990 SC 231 (237): (1989) Supp 1 SCR 420: (1990) 1 SCC 35.

Terrorism by nature is difficult to define. Acts of terrorism conjure emotional responses in the victims (those hurt by the violence and those affected by the fear) as well as in the practitioners, Devender Pal Singh v. State NCT of Delhi, AIR 2002 SC 1661 (1665): (2002) 5 SCC 234. [Terrorist and Disruptive Activities (Prevention) Act, 1987, s. 2(h)]

Terrorism is one of the manifestations of increased lawlessness and cult of violence. Violence and crime constitute a threat to an established order and are a revolt against a civilized and orderly society. 'Terrorism' though has not been separately defined under the TADA Act there is sufficient indication in s. 3 itself to identify what it is by an all-inclusive and comprehensive phraseology adopted in engrafting the said provision, which serves a double purpose as a definition and punishing provision nor is it possible to give a precise definition of 'terrorism' or lay down what constitutes 'terrorism'. It may be possible to describe it as use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces or has the potential of producing on the society as a whole, Madan Singh v. State of Bihar, (2004) 4 SCC 622 (635). [Terrorist and Disruptive Activities (Prevention) Act, 1987, ss. 3(1) & 2(h)]

The use of threat of violence to intimidate or cause panic esp. as a means of affecting political conduct, Black's Law Dictionary, 7th Edn., p. 1484.

Terrorism, means that act of terrorising; unlawful acts of violence committed in an organised attempt to overthrow a government or like purposes, State of Punjab v. Sukhpal Singh, (1990) 1 SCC 35; Mohd. Iqbal v. State of Maharashtra, 1998 (4) SCC 494.