- By Aditi Priya Singh
- Sun, 18 May 2025 01:46 PM (IST)
- Source:JND
Indian Laws For Spying: Espionage, or spying, involves secretly gathering sensitive information, often for foreign entities, and is a serious offence under Indian law. Recently, on May 17, 2025, Jyoti Malhotra, a 33-year-old travel vlogger and YouTuber from Haryana, was arrested in Hisar on charges of espionage for Pakistan. Known for her channel "Travel with JO," Malhotra allegedly shared confidential information with a Pakistani official previously expelled from India on similar charges. Investigations suggest she used encrypted social media platforms like WhatsApp, Telegram, and Snapchat to transmit sensitive data.
Authorities are examining her electronic devices and probing her connections to determine the extent of the breach. This case underscores the potential misuse of digital platforms for espionage and highlights the importance of vigilance in safeguarding national security. Malhotra faces prosecution under the Official Secrets Act and other relevant laws, with severe penalties if convicted.
Here, we have explained in detail what is Espionage,strict indian laws regarding spying, who handles espionage case in india and what happens to people accused of spying.
What is Espionage?
Espionage, widely referred to as spying, is the secret collection of information about a person, group, or nation, particularly for political or military purposes. It frequently involves transferring classified or sensitive information to a foreign nation. Secret reports, government plans, defence strategies, and scientific advancements are some examples of the information gathered through spying. Individuals (spies), intelligence services, or insiders operating within a nation can all engage in espionage. Because it puts at risk a nation's safety and national security at risk, espionage is regarded as a serious crime.
According to Indian law, espionage is a crime. Spying is considered a serious crime against the country in India, particularly when it involves the disclosure of private government or defence information. Under several Indian laws, someone who is caught spying for another nation may be arrested and subject to punishment.
Which Indian Laws Deal With Espionage?
India has a number of laws that specifically address spying and espionage. The most popular one is the Official Secrets Act of 1923, which restricts the public disclosure of private government secrets. Furthermore, crimes like conducting war against the state or sedition, which frequently involve spying offenses are covered by sections 121, 121A and 124A of the Indian Penal Code. There may be harsh penalties.
1. The Official Secrets Act, 1923
In India, this is the primary law that is used to punish those who are accused of spying. It restricts disclosing classified or secret government information to anyone who is not authorised to receive it. If convicted, the penalty could be fines, up to 14 years in prison, or both. Under this act, it may even be illegal to take unapproved pictures or videos of government buildings or military installations.
2. The Indian Penal Code (IPC)
Sections 121 and 121A: These sections deal with conducting war against India or conspiring against the government. If espionage is part of such actions, the punishment can be life imprisonment or even the death penalty in extreme cases.
Section 124A (Sedition): If someone promotes hatred or rebellion against the government while sharing secrets, they can be booked under sedition laws.
Who Handles Espionage Cases in India?
In India, intelligence agencies like RAW (Research and Analysis Wing) and IB (Intelligence Bureau) are responsible for detecting and preventing espionage activities. When a suspected spy is caught, they are usually investigated by law enforcement and national security agencies. The case is then handed over to a court of law, where the person is tried under the appropriate legal provisions.
What Happens to People Accused of Spying in India?
If a person is caught spying in India, several things may happen:
Arrest: The person is immediately arrested and taken into custody.
Interrogation: Security agencies question the individual to find out what kind of information they accessed or passed on, and to whom.
Court Trial: The accused is brought before a court, where evidence is presented.
Punishment: If proven guilty, the punishment could be a long jail term or life imprisonment. In some serious cases, the death penalty may also be given.
Diplomatic Action: If the accused is a foreign national, their home country might get involved. Sometimes spies are deported, or there may be prisoner exchanges between countries.
Several Pakistani Spies Have Been Arrested In India Over The Years
Over the years, several Pakistani nationals have been arrested in India for allegedly spying on sensitive defence locations and military establishments. These individuals were often caught gathering classified information or passing data to foreign handlers. Such cases are taken very seriously by Indian authorities, leading to strict legal action under espionage and national security laws. Recently, indian travel vlogger Jyoti Malhotra was caught red-handed for spying for Pakistan among 9 others, including Pakistanis.
Espionage is a serious national security threat and is treated with strict legal action in India. People found guilty of spying can face long prison sentences or even the death penalty, depending on the severity of the offense. The government and intelligence agencies work constantly to detect and stop spying activities to protect the country's interests.
Understanding espionage laws helps citizens stay alert and avoid unknowingly getting involved in any suspicious activity. Always remember — leaking confidential information, even unknowingly, can have serious consequences.
