Section 66F Broken Down

In one line

Section 66F has two limbs, one about disrupting systems and one about obtaining restricted information, and each requires a specified intent or state of mind that the ordinary computer offences do not.

The section

Sub-section (1)(A), the disruption limb.

Whoever, 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 causing the denial of access to any person authorised to access a 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

Sub-section (1)(B), the espionage limb.

Whoever 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 may be used to cause or is 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.

Sub-section (2): whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life.

Limb (A) broken down

Three elements, all of which must be established.

The intent. Either to threaten the unity, integrity, security or sovereignty of India, or to strike terror in the people or any section of the people. Note that the second alternative does not require the terror to be directed at the State; a section of the people suffices.

The conduct, one of three. Denial of access to an authorised person, which is a denial of service attack. Attempting to penetrate or access without authorisation or exceeding authorised access, which is the second point to notice: the attempt is enough, and section 84C's halving does not apply because the section expressly covers the attempt. Chapter 1290. Or introducing a computer contaminant, which takes its meaning from the Explanation to section 43. Chapter 1100.