CRIMINAL LAW AND PROCEDURE – OFFENCE OF TERRORISM – What constitutes giving support to acts of terrorism under Section 5(2) of the Terrorism (Prevention) Act, 2011 (as amended)


“Section 5(2) of the Act provides: “(2) for the purposes of sub-section (1) of this section, “support” includes- (a) incitement to commit a terrorist act through the internet, or any electronic means or through the use of printed materials or through the dissemination of terrorist information; (b) receipt or provisions of material assistance, weapons, explosives, training, transportation, false documentation or identification to terrorists or terrorist groups; (c) receipt or provision of information, or moral assistance, including information to adhere to a terrorist or terrorist group; (d) entering or remaining in a country for the benefit of, or at the direction of, or in association with a terrorist group; or (e) the provision of, or making available, such financial or other related services prohibited under this Act or as may be prescribed by regulations made pursuant to this Act.” (Underlining mine for emphasis) The above provisions, elaborately explain what “support’ as referred to in sub-section (1) entails. They are wide-ranging but not exhaustive. Therefore, any act of the appellant, which falls within these provisions, is relevant. The appellant admitted receiving training on the use of weapons and explosives in Iran. It falls within Section 5(2) (b) of the Act.” Per KEKERE-EKUN, J.S.C. in BERENDE v. FRN (2021-LCER-40453-SC) (Pp 28 – 30 Paras F – A)

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