Section 66F IT Act: Cyber Terrorism and How to Get Bail

If an FIR names you under Section 66F of the Information Technology Act, 2000, the stakes are as high as they get in cyber law. Section 66F covers cyber terrorism. It carries a sentence of up to life imprisonment, and it is non-bailable and cognizable. Most other IT Act offences can be bailed at the police station. This one cannot.

At the same time, Section 66F is one of the most wrongly applied sections in cyber crime FIRs. It is sometimes added to ordinary hacking, data theft or social media cases without a close look at what the section actually requires. Knowing what it needs is the first step towards bail.

What Section 66F says

Section 66F punishes two kinds of conduct.

1. Attacks meant to threaten the nation – Section 66F(1)(A). A person commits cyber terrorism if, with intent to threaten the unity, integrity, security or sovereignty of India, or to strike terror in the people, they:

• deny access to a computer resource to someone who is authorised to use it;
• break into or access a computer resource without authorisation, or go beyond the access they were given; or
• introduce a virus or other computer contaminant,

and this conduct causes, or is likely to cause, death or injury, damage to property, disruption of essential supplies or services, or harm to critical information infrastructure notified under Section 70.

2. Accessing restricted information – Section 66F(1)(B). A person also commits the offence if they knowingly access a computer resource without authorisation and obtain information that is restricted for reasons of State security or foreign relations (or other restricted information), with reason to believe it may be used to harm India's sovereignty, security, friendly relations with foreign states, public order and similar interests, or to benefit a foreign nation or group.

Punishment – Section 66F(2): imprisonment which may extend to imprisonment for life.

Why 66F is treated so seriously

• Non-bailable: Under Section 77B of the IT Act, only offences punishable with up to three years are bailable. 66F is far above that. In July 2026, in Maharaj Saran v. State of Punjab, the Supreme Court confirmed that Section 66 itself is bailable because of Section 77B. Section 66F gets no such benefit.
• Sessions trial: Since it is punishable with life, the case is tried by the Court of Session, not a Magistrate.
• Often paired with UAPA or BNS: Agencies may add the Unlawful Activities (Prevention) Act, or BNS provisions such as Section 113 (terrorist act) or Section 111 (organised crime). That makes bail considerably harder.
• Longer custody before chargesheet: For offences punishable with life, police get 90 days to file the chargesheet before default bail becomes available under Section 187(3) BNSS, instead of 60. Under UAPA this can be extended to 180 days.

The key point: many "66F" cases are not cyber terrorism

Section 66F needs two things that are missing from many FIRs:

1. A specific terrorist intent: an intent to threaten the unity, integrity, security or sovereignty of India, or to strike terror in the people. Personal revenge, financial fraud, business disputes, stalking, defamation, or hacking an ex-employer's server do not carry this intent.
2. A serious result or a restricted target: death, injury, destruction, disruption of essential services, harm to notified critical information infrastructure, or access to information that is genuinely restricted for State security reasons.

If the FIR does not disclose both, the 66F charge is weak. Courts have granted anticipatory bail where the material showed no threat to national security and no 66F offence was made out. Once 66F falls away, what usually remains are offences such as Section 66, 66C or 66D, which are bailable or carry much lower sentences.

How bail is sought in a Section 66F case

Step 1: Get the FIR and check the sections

Obtain a copy of the FIR immediately. See exactly which facts are alleged, and whether 66F is supported by those facts or simply added on. Check for UAPA, BNS 111 or BNS 113, because each changes the bail strategy.

Step 2: Apply for anticipatory bail early (Section 482 BNSS)

If you have not been arrested, the Sessions Court or the High Court can be approached for anticipatory bail under Section 482 BNSS. The main arguments are:

• 66F ingredients are not made out: no intent to threaten the nation or strike terror, and no serious consequence or restricted information.
• The evidence is digital and already with the police: devices, logs and server data are seized or with the forensic lab, so custody is not needed to recover anything.
• Willingness to cooperate: joining the investigation and producing devices as directed.
• Clean record and roots in society: no previous cases, a fixed home, a job or business, and family ties.

Note: if UAPA is also invoked, Section 43D(4) of UAPA bars anticipatory bail. The focus then shifts to regular bail and to challenging the UAPA charge itself.

Step 3: Regular bail after arrest (Sections 480 and 483 BNSS)

Because 66F is punishable with life, a Magistrate generally cannot grant bail where there are reasonable grounds to believe the accused is guilty (Section 480 BNSS), subject to limited exceptions such as for a woman, a person under 16, or a sick or infirm person. In practice, regular bail is sought from the Sessions Court under Section 483 BNSS, and then from the High Court if refused.

Grounds commonly urged for regular bail include:

• No prima facie 66F case (the same ingredient-based argument).
• Chargesheet filed or investigation complete, so custody serves no purpose.
• Long custody and a slow trial. Bail is the rule and jail the exception (Satender Kumar Antil v. CBI, 2022). Even under UAPA, the Supreme Court in Union of India v. K.A. Najeeb (2021) held that prolonged custody with no trial in sight can justify bail under Article 21.
• Parity with co-accused who have already been granted bail.

Step 4: Watch the default bail deadline

If the police do not file the chargesheet within 90 days of arrest (or the extended UAPA period, if any), the accused gets an indefeasible right to default bail under Section 187(3) BNSS. The application must be filed before the chargesheet comes in, so the dates need to be tracked carefully.

Step 5: Bail conditions to expect

Courts usually impose conditions such as surrendering the passport, joining investigation when called, not contacting witnesses or the complainant, not tampering with digital evidence, and sometimes not using particular accounts or devices.

What not to do if you are named under 66F

• Do not delete data, wipe phones, or close accounts. Destroying evidence is a separate offence and seriously damages a bail application.
• Do not contact the complainant or anyone named as a witness.
• Do not post about the case on social media.
• Do not appear before the police without legal advice. Speak to a lawyer before giving any statement or handing over devices.

Legal help for Section 66F cases in Gurugram

A Section 66F case needs quick action and careful technical and legal analysis. Rajat Kadyan and Associates handles cyber crime and bail matters before the District and Sessions Court, Gurugram, and the Punjab & Haryana High Court. Where an FIR should not have been registered at all, quashing under Section 528 BNSS may also be available.

Phone: +91 82954 13475 · Email: contact@rajatkadyan.com
Chamber No. 169A, Bhagat Singh Block, District Court, Gurugram

Disclaimer: This article is for general information only and is not legal advice. Every case depends on its own facts. Please consult an advocate about your specific situation.