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Madras High Court· 27 August 2026

Does an intention to strike terror by using explosive substances against places of worship amount to a terrorist act under Section 15?

MOHAMED THALHA v. THE UNION OF INDIA REP BY, THE CHIEF INVESTIGATION
CRL A.328/2025 · 2026:MHC:3496 · CRL A No. 328 of 2025
Coram: Justice Anita Sumanth · Justice Sunder Mohan
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Answer

An intention to strike terror by using explosive substances against places of worship amounts to a terrorist act under Section 15.

Yes. An intention to strike terror by using explosive substances against places of worship amounts to a terrorist act under Section 15. The testimony of the protected witness spoke to the intention of the deceased first accused along with the appellant to re-create a situation akin to the earlier bomb blast, which prima facie falls within the ambit of Section 15. (¶33, 34)

Headnote

Unlawful Activities (Prevention) Act, 1967 — ss.15, 16, 18, 38, 39, 43D(5) — Bail — Prima facie true — Logistical support — Terror conspiracy — Unlawful Activities (Prevention) Act, 1967 — s.43D(5) — Bail — Reasonable grounds for believing the accusation prima facie true — Held: Where the material prima facie shows that the accused was part of the conspiracy and supplied the vehicle used in the blast, the bar on bail operates. (¶30, 36) Unlawful Activities (Prevention) Act, 1967 — s.39 — Support to a terrorist organisation — Membership not required — Held further: Absence of material showing membership of a proscribed organisation does not displace s.39, which is attracted by support in the form of logistical assistance. (¶37) Unlawful Activities (Prevention) Act, 1967 — s.15 — Terrorist act — Intention to strike terror — Held further: An intention to re-create an earlier bomb blast and to attack places of worship falls prima facie within a terrorist act. Appeal dismissed. (¶34, 44)

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In the Court's own words
Paragraph 33Section 15 (1) defines a terror act as any act committed with the intention of threatening or being likely to threaten, the unity, integrity, security or sovereignty of India or intending to strike terror in the people by using bombs, dynamite and other explosive substances for causing death or injury to persons, loss or destruction of property and disruption of essential supplies to the community in India or abroad.
Paragraph 34In the present case, the testimony of the protected witness speaks to the intention of the deceased A1 along with the appellant to re-create a situation akin to the Coimbatore bomb blast and wreck violence on Kafirs and their places of worship. Prima facie, this falls within the ambit of a terrorist act, as contemplated under Section 15.
Acts & Sections
s.43D(5) Unlawful Activities (Prevention) Act, 1967s.15 Unlawful Activities (Prevention) Act, 1967s.16 Unlawful Activities (Prevention) Act, 1967s.18 Unlawful Activities (Prevention) Act, 1967s.38 Unlawful Activities (Prevention) Act, 1967s.39 Unlawful Activities (Prevention) Act, 1967

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Also decided in this judgment
Is bail barred under Section 43D(5) of the Unlawful Activities (Prevention) Act where reasonable grounds exist for believing the accusation is prima facie true?Does Section 39 of the Unlawful Activities (Prevention) Act apply to support given to a terrorist organisation where no material shows membership of it?Do decisions in which the accused's overt act was distinguishable avail an accused under Section 43D(5)?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections