Case Note & Summary
The appellant, Nishant Agrawal, was convicted by the Additional Sessions Judge-1, Nagpur in Sessions Case No.726 of 2021 for offences under Section 66-F of the Information Technology Act, 2000 and Sections 3(1)(c) and 5(1)(a)(b)(c)(d) of the Official Secrets Act, 1923. The prosecution case was that the informant, Harishanker Mishra (PW-1), received secret information that Facebook accounts in the names of Neha Sharma and Pooja Ranjan were being operated from Pakistan and were used to contact employees in defence establishments in India, leading to leakage of important data pertaining to national security. The appellant was found to be operating these accounts and communicating with foreign agents. The trial court sentenced him to life imprisonment under Section 66-F of the IT Act, rigorous imprisonment for fourteen years under Section 3(1)(c) of the Official Secrets Act, and three years rigorous imprisonment with fine under Section 5(1)(a)(b)(c)(d) and Section 5(3) of the Official Secrets Act. The appellant challenged the conviction and sentence before the Bombay High Court. The High Court, after hearing the parties, upheld the conviction and sentence, finding that the prosecution had proved its case beyond reasonable doubt. The court noted that the evidence clearly established the appellant's involvement in cyber terrorism and espionage activities that threatened national security. The appeal was dismissed.
Headnote
A) Criminal Law - Cyber Terrorism - Section 66-F Information Technology Act, 2000 - Life Imprisonment - Appeal against conviction for operating fake Facebook accounts to leak defence data to foreign agents - Court upheld conviction based on evidence of communication with Pakistan-based accounts and transfer of sensitive information - Held that the prosecution proved the offence beyond reasonable doubt (Paras 2-3).
B) Criminal Law - Official Secrets Act - Sections 3(1)(c) and 5(1)(a)(b)(c)(d) Official Secrets Act, 1923 - Espionage - Appellant convicted for communicating secret information to enemy - Court found that the data leaked pertained to national security and was directly useful to an enemy - Held that the ingredients of the offences were satisfied (Paras 2-3).
Issue of Consideration
Whether the conviction of the appellant under Section 66-F of the Information Technology Act, 2000 and Sections 3(1)(c) and 5(1)(a)(b)(c)(d) of the Official Secrets Act, 1923 is legally sustainable.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the trial court are upheld.
Law Points
- Section 66-F Information Technology Act
- 2000
- Section 3(1)(c) Official Secrets Act
- 1923
- Section 5(1)(a)(b)(c)(d) Official Secrets Act
- Section 13(3) Official Secrets Act
- Section 374 Criminal Procedure Code
- 1973
Case Details
Criminal Appeal No. 303 of 2024
Anil S. Kilor, Pravin S. Patil
Shri Sunil Maohar, Sr.Advocate a/b Shri C.B.Barve, Advocate for Appellant; Shri S.S.Doifode, Addl.Public Prosecutor a/w Shri A.B.Badar, APP for Respondent / State
Nishant S/o. Pradeep Agrawal
Anti Terrorist Squad, Lucknow, through Investigating Officer, Uttar Pradesh; State of Maharashtra, through Police Station Officer, Police Station, Sonegaon, Nagpur
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Nature of Litigation
Criminal appeal against conviction for cyber terrorism and espionage.
Remedy Sought
Appellant sought to quash the conviction and sentence imposed by the trial court.
Filing Reason
Appellant was convicted for operating fake Facebook accounts to leak defence data to foreign agents, affecting national security.
Previous Decisions
Trial court convicted appellant under Section 66-F of IT Act and Sections 3(1)(c) and 5(1)(a)(b)(c)(d) of Official Secrets Act, sentencing him to life imprisonment and rigorous imprisonment.
Issues
Whether the conviction under Section 66-F of the Information Technology Act, 2000 is sustainable.
Whether the conviction under Sections 3(1)(c) and 5(1)(a)(b)(c)(d) of the Official Secrets Act, 1923 is sustainable.
Submissions/Arguments
Appellant argued that the evidence was insufficient and the conviction was not based on proper legal grounds.
Respondent/State argued that the prosecution proved the case beyond reasonable doubt and the conviction was justified.
Ratio Decidendi
The court held that the prosecution successfully proved that the appellant operated fake Facebook accounts to communicate with foreign agents and leaked sensitive defence data, thereby committing offences under Section 66-F of the IT Act and Sections 3(1)(c) and 5(1)(a)(b)(c)(d) of the Official Secrets Act. The evidence established the appellant's guilt beyond reasonable doubt, and the trial court's judgment was legally sound.
Judgment Excerpts
This is an appeal filed under Section 374 of the Criminal Procedure Code questioning the legality and validity of the judgment and order dated 3rd June, 2024 passed by the learned Additional Sessions Judge-1, Nagpur in Sessions Case No.726 of 2021, thereby convicting the appellant for offences punishable under Section 66-F of the Information Technology Act, 2000 read with Section 3(1)(c) and Section 5(1)(a), (b), (c) and (d) of the Official Secrets Act, 1923.
The appellant is sentenced to suffer life imprisonment for the offence punishable under Section 66-F of the Act of 2000.
Procedural History
The appellant was convicted by the Additional Sessions Judge-1, Nagpur on 3rd June, 2024 in Sessions Case No.726 of 2021. He filed an appeal under Section 374 Cr.P.C. before the Bombay High Court, Nagpur Bench. The appeal was heard and dismissed on 1st December, 2025.
Acts & Sections
- Information Technology Act, 2000: 66-F
- Official Secrets Act, 1923: 3(1)(c), 5(1)(a), 5(1)(b), 5(1)(c), 5(1)(d), 5(3), 13(3)
- Indian Penal Code, 1860: 419, 420, 467, 468, 121A, 120B
- Criminal Procedure Code, 1973: 374
