Cyber Offences against the State

Cyber Terrorism (Section 66F)

Accessing computer resource to commit terrorist acts

Using a computer or network to threaten the unity, integrity, security, or sovereignty of India, or to strike terror in people by denying access, introducing viruses, or stealing data.

Unauthorized access leading to denial of access to authorized persons

If access is gained to computer systems without authorization and it prevents authorized users from accessing information, it may be treated as cyber terrorism under specific conditions.

Causing damage to computer, computer system, network, etc.

This includes physically or digitally harming or destroying computer networks that are used for essential services such as banking, public safety, or healthcare.

Disrupting essential services

Any act that disrupts or attempts to disrupt critical infrastructure such as power grids, emergency services, or air traffic control using digital means can be prosecuted as cyber terrorism.

Penalty: Imprisonment for life.

Example: A hacker gains access to a nuclear facility’s internal systems and threatens to release classified data unless a ransom is paid. Is this cyber terrorism?

Answer:

Yes. Such acts fall under Section 66F as they threaten national security and create terror among the public.

Offences against National Security

Espionage and leakage of sensitive data

Hacking into government networks or military databases and stealing classified information is considered a grave cyber offence against the state.

Spreading disinformation or fake news to create unrest

Using social media or digital platforms to spread false information that incites violence, panic, or damages the image of the state can be punished under various sections of IPC and IT Act.

Cyber attacks sponsored by foreign entities

Deliberate cyber intrusions into Indian cyberspace orchestrated by foreign nations or their agencies are treated as threats to sovereignty and can invoke both domestic and international legal responses.

Example: A cyber attack originating from another country disables critical government websites in India. What kind of offence is this?

Answer:

It is a cyber offence against national security and may amount to cyber terrorism depending on its intent and impact.

Cyber Offences Affecting the Human Body

Cyber Harassment and Bullying

Offences under Section 66A (now struck down by Supreme Court in Shreya Singhal Case)

Section 66A of the IT Act penalized offensive messages sent through communication services, but it was struck down by the Supreme Court in the landmark Shreya Singhal v. Union of India (2015) case for being violative of Article 19(1)(a) – the right to freedom of speech and expression.

Offences under IPC (Sections 509, 294, etc.)

Section 509 IPC: Punishes words, gestures, or acts intended to insult the modesty of a woman, including through electronic means.
Section 294 IPC: Deals with obscene acts and songs in public places, applicable to obscene messages or videos shared online.

Example: A person repeatedly sends vulgar messages and threats to a woman on social media. Which legal provisions apply?

Answer:

This may attract Section 509 IPC (insulting the modesty of a woman), and Section 354D IPC (cyberstalking), along with provisions under the IT Act like Section 67 if obscene material is shared.

Cyber Defamation

Sections 499, 500 of IPC

Section 499 IPC defines defamation as any act that harms a person’s reputation through spoken or written words, including content posted online.

Section 500 IPC prescribes punishment for defamation, which may include imprisonment up to two years or fine or both.

Sections 66A (struck down) and 67 of IT Act

Although Section 66A has been struck down, Section 67 remains applicable for publication of obscene material, which may be involved in cyber defamation cases if the content is vulgar or pornographic.

Example: A fake post is published on a blog claiming a teacher was caught cheating, damaging their career. What laws apply?

Answer:

This is cyber defamation and is punishable under Sections 499 and 500 IPC. The teacher can initiate both civil and criminal proceedings.

Publication of Obscene Material (Section 67, 67A, 67B)

Section 67 – Obscene material

Penalizes the publication or transmission of any material that is lascivious or appeals to prurient interests, or if its effect is such as to tend to deprave and corrupt persons.

Section 67A – Sexually explicit material

Deals with the electronic publication or transmission of material containing sexually explicit acts or conduct. The punishment is more severe than Section 67.

Section 67B – Child pornography

Specifically penalizes the electronic publication or browsing of material depicting children in sexually explicit acts. It is a grave offence with stringent punishment.

Example: A person shares explicit content involving a minor in a WhatsApp group. What offence is this?

Answer:

This is a serious offence under Section 67B of the IT Act and may also attract charges under the POCSO Act (Protection of Children from Sexual Offences Act), 2012.