BNS Section 300 - Cyber Terrorism
Whoever knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains information that has been determined by the Central Government to require protection against unauthorized disclosure, shall be punished with imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Official Text
“Whoever knowingly or intentionally penetrates or accesses a computer resource without authorization or exceeding authorized access, and by means of such conduct obtains information that has been determined by the Central Government to require protection against unauthorized disclosure, shall be punished with imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.”
Legal Analysis
Elements to Prove:
- Unauthorized access to computer resource.
- Obtaining protected information.
- Intent to access without authorization.
- Information requires protection.
Potential Defenses:
- Authorized access.
- No protected information obtained.
- Acting under lawful authority.
Practical Examples
What Constitutes the Offense:
Hacking government systems, stealing classified information, cyber attacks on critical infrastructure.
What Doesn't Constitute:
Authorized penetration testing, legitimate security research, or acting under lawful authority.
Punishment
Imprisonment for Life, or up to 10 years, and Fine