Section 66F IT Act: Punishment for cyber terrorism
Information Technology Act, 2000
Section 66F IT Act at a Glance
Section 66F IT Act defines and punishes cyber terrorism, covering computer attacks intended to threaten India's sovereignty or strike terror, and unauthorised access to restricted sensitive data. Committing or conspiring to commit cyber terrorism carries imprisonment up to life.
Up to imprisonment for life
Section 66F IT Act Bare Act Text
66F. Punishment for cyber terrorism.
(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.
Amendments to this section
- Subs. by Act 10 of 2009, s. 32, for sections 66 and 67 (w.e.f. 27-10-2009).
Section 66F IT Act in Simple Words
Section 66F IT Act defines the offence of cyber terrorism in two separate limbs under Section 66F(1) IT Act and sets its punishment under Section 66F(2) IT Act. Under the first limb, Section 66F(1)(A) IT Act, a person acts 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 doing one of three acts: (i) denying or causing denial of access to a person authorised to access a computer resource, (ii) attempting to penetrate or access a computer resource without authorisation or exceeding authorised access, or (iii) introducing or causing the introduction of a computer contaminant.
To complete the offence under Section 66F(1)(A) IT Act, that conduct must also cause or be likely to cause death or injuries to persons, or cause or be likely to cause damage to or destruction of property, or disrupt (or be done knowing it is likely to damage or disrupt) supplies or services necessary for the life of the community, or adversely affect Critical Information Infrastructure specified under Section 70 IT Act. Under Section 70 IT Act, Critical Information Infrastructure means a computer resource whose incapacitation or destruction would have a debilitating impact on national security, the economy, public health, or safety.
Under the second limb, Section 66F(1)(B) IT Act, a person commits cyber terrorism by knowingly or intentionally penetrating or accessing a computer resource without authorisation, or exceeding authorised access, and thereby obtaining access to restricted information, data, or a computer database. This limb applies either where the data is restricted for reasons of State security or foreign relations, or where it is any restricted information, data, or computer database obtained with reasons to believe that it may be used to cause, or is likely to cause, injury to India's sovereignty and integrity, State security, 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.
Under Section 66F(2) IT Act, anyone who commits or conspires to commit cyber terrorism is punishable with imprisonment up to imprisonment for life, with no fine specified in Section 66F IT Act. Under Section 77B IT Act, the offence is cognizable, so police can register an FIR and arrest without a warrant. Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), it is non-bailable, meaning bail is not a matter of right and is decided by the court, and it is tried by a Court of Session. Under Section 77A IT Act, the offence is non-compoundable, meaning it cannot be settled between the parties.
Ingredients of Section 66F IT Act
- Under Section 66F(1)(A) IT Act: intent to threaten India's unity, integrity, security, or sovereignty, or to strike terror in the people or any section of the people.
- Under Section 66F(1)(A) IT Act: denying access to an authorised user, attempting unauthorised or excess access to a computer resource, or introducing a computer contaminant.
- Under Section 66F(1)(A) IT Act: causing or being likely to cause death, injury, or property damage, disrupting (or knowing the conduct is likely to damage or disrupt) supplies or services necessary for community life, or adversely affecting Section 70 IT Act Critical Information Infrastructure.
- Alternatively, under Section 66F(1)(B) IT Act: knowingly or intentionally penetrating or accessing a computer resource without authorisation or exceeding authorised access.
- Under Section 66F(1)(B) IT Act: thereby obtaining access to data restricted for State security or foreign relations, or any restricted data with reasons to believe it may cause or is likely to cause the specified national or public injuries or advantage a foreign nation or group.
- Under Section 66F(2) IT Act: either committing cyber terrorism or conspiring to commit cyber terrorism.
Punishment Under Section 66F IT Act
Up to imprisonment for life
Section 77B IT Act makes the offence cognizable. Part II of the First Schedule to the BNSS decides the rest: an offence punishable with imprisonment for life is non-bailable and is tried by a Court of Session. Section 77A IT Act does not allow an offence punishable with imprisonment for life to be compounded.
Committing or conspiring to commit cyber terrorism under Section 66F IT Act is punishable with imprisonment up to imprisonment for life, and Section 66F IT Act specifies no fine. The offence is cognizable under Section 77B IT Act, non-bailable, and tried by a Court of Session under Part II of the First Schedule to the BNSS. Under Section 77A IT Act, it cannot be compounded because it is punishable with imprisonment for life.
Example of Section 66F IT Act
When Section 66F IT Act Does Not Apply
- Under Section 66F(1)(A) IT Act, where the person acts without intent to threaten the unity, integrity, security, or sovereignty of India and without intent to strike terror in the people or any section of the people (unless the conduct independently satisfies Section 66F(1)(B) IT Act).
- Under Section 66F(1)(A) IT Act, where the conduct neither causes nor is likely to cause death, injury, or property damage, does not disrupt (and is not done knowing it is likely to damage or disrupt) supplies or services necessary for community life, and does not adversely affect Critical Information Infrastructure under Section 70 IT Act.
- Under Section 66F(1)(B) IT Act, where access to the computer resource is authorised and within authorised limits, or where no restricted information, data, or computer database covered by clause (B) is obtained.
FAQs on Section 66F IT Act
What is Section 66F IT Act?▼
Section 66F IT Act defines cyber terrorism under two limbs covering terror-intended or sovereignty-threatening computer disruptions and unauthorised access to restricted sensitive databases. Committing or conspiring to commit cyber terrorism under Section 66F(2) IT Act is punishable with imprisonment up to imprisonment for life.
Is cyber terrorism under Section 66F IT Act bailable?▼
No. Under Part II of the First Schedule to the BNSS, an offence under Section 66F IT Act is non-bailable because it is punishable with imprisonment for life, while Section 77B IT Act makes it cognizable.
Does Section 66F IT Act punish conspiracy even before an attack takes place?▼
Yes. Section 66F(2) IT Act expressly punishes anyone who commits or conspires to commit cyber terrorism with imprisonment that may extend to imprisonment for life.
Can an offence under Section 66F IT Act be compounded?▼
No. Section 77A IT Act bars a court from compounding any offence punishable with imprisonment for life, so a case under Section 66F IT Act cannot be settled by compounding.
Which court tries an offence under Section 66F IT Act?▼
A Court of Session. Under Part II of the First Schedule to the BNSS, cyber terrorism under Section 66F IT Act is tried by a Court of Session.
Does Section 66F(1)(B) IT Act require intent to strike terror?▼
No. Intent to strike terror or threaten India's unity, integrity, security, or sovereignty is a requirement of Section 66F(1)(A) IT Act, whereas Section 66F(1)(B) IT Act requires knowingly or intentionally accessing a computer resource without or beyond authorisation and obtaining restricted data covered by clause (B).
Have questions about Section 66F IT Act?
Ask NyayGuru about your situation and get an answer based on the Information Technology Act, 2000.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Information Technology Act, 2000 ·