Information Technology Act Section 66F — Punishment for cyber terrorism
CHAPTER XI OFFENCES
Cyber Law
Summary
Sub-section (1) defines the offence of cyber terrorism. It covers two distinct situations, labelled (A) and (B).
Under clause (A) of sub-section (1), a person commits cyber terrorism if they act with the intent to threaten the unity, integrity, security or sovereignty of India, or to strike terror in the people or any section of the people. This intent must be carried out through one of three listed actions: denying or causing the denial of access to a computer resource to a person who is authorised to access it; attempting to penetrate or access a computer resource without authorisation or by exceeding authorised access; or introducing or causing the introduction of any computer contaminant. Additionally, through such conduct, the person must cause, or be likely to cause, death or injuries to persons, or damage to or destruction of property, or disrupt, or know that it is likely to cause damage or disruption of, supplies or services essential to the life of the community, or adversely affect the critical information infrastructure specified under section 70.
Under clause (B) of sub-section (1), a person commits cyber terrorism if they knowingly or intentionally penetrate or access a computer resource without authorisation or by exceeding authorised access, and through such conduct obtain access to information, data or computer database that is restricted for reasons of the security of the State or foreign relations. The person must also have reason to believe that such information, data or computer database so obtained may be used to cause or be likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise.
Sub-section (2) states the punishment for this offence. Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.
Official Text
(1) Whoever,– (A) with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people by–
(i) denying or cause the denial of access to any person authorised to access computer resource; or
(ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access; or
(iii) introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70; or (B) knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer data base that is restricted for reasons of the security of the State or foreign relations; or any restricted information, data or computer data base, with reasons to believe that such information, data or computer data base so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism.
(2) Whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.