For Pakistan, new revelations are happening every day about Jyoti Malhotra caught on charges of espionage. Such is the story of Pakistani spy Devendra Singh. These two people who have betrayed the country are not alone, but in the last ten days, many such detectives have been caught by the security agencies. Those who were betraying their country and living in India and spying for Pakistan. Now let us know what punishment can be given to the detectives caught in such serious charges.
Many spies caught in ten days have been caught in India between 8 May and 18 May 2025. These include the names of Jyoti Malhotra (Hisar, Haryana), Devendra Singh (Kaithal, Haryana), Gajala (Malerkotla, Punjab), Yameen Mohammad (Malerkotla, Punjab), Noman Ilahi (Panipat, Haryana), Armaan (Noah, Haryana) and Mohammad Murtaza Ali (Jalandhar, Punjab). All of them are accused of spying for Pakistan.
What does the law say? People accused of spying for Pakistan can be prosecuted in India under the following legal sections based on the Indian Penal Code (IPC) and other relevant laws. The Indian Penal Code has now been replaced by the Indian Penal Code (BNS), 2023, which has been implemented across the country from 1 July 2024. Additionally, the official privacy act, 1923 also applies in espionage cases. Below we are going to tell you the details of the main streams and possible punishment.
Section 152 – Indian Justice Code (BNS) 2023 This section is related to sedition and activities against the country. This includes activities that threaten India’s sovereignty, integrity or security, such as espionage or complicity with any foreign power against India.
Punishment: Life imprisonment or death penalty on conviction under this section. Apart from this, the convict can also be fined.
Section 147 – Indian Justice Code (BNS) This section is related to wage war against the country or involvement in such activities, which may involve assisting enemy country through espionage.
Punishment: If found guilty under this section, death penalty or life imprisonment and fine can occur.
Section 148 – The Indian Penal Code (BNS) If espionage includes a conspiracy crime against India, this section may apply.
Punishment: A person found guilty under this section can be sentenced to life imprisonment or imprisonment of a period of up to 7 years. Apart from this, the convict can also be fined.
Section 3 – Government Privacy Act, 1923 This section relates to espionage, including a malicious collection of confidential information (such as military or defense documents), publishing or giving foreign agents.
Punishment: Under this section, conviction can be sentenced to 14 years of imprisonment, especially if espionage is related to defense. Along with this, a provision of punishment of up to 3 years has been made in other cases.
Section 4 – Government Privacy Act, 1923 having communication or contact with foreign agents or suspected persons, which is harmful to India’s security.
Punishment: If found guilty under this section, imprisonment up to 2 years can be punished.
Section 5 – Government Privacy Act, 1923 Unauthorized sharing or misuse of confidential information.
Punishment: Under this section, imprisonment of up to 3 years or fine on conviction can be or both. Indian Penal Code (IPC) (Old streams, now included in BNS)
If the case had been registered under the old law, then Section 120B (criminal conspiracy) of the IPC, Section 121 (waging war against the country) and section 124A (treason) would have applied. They are now BNS The equivalent sections (eg sections 152 and 147) of are included.
Penal: Article 121 provides for death penalty or life imprisonment on conviction. Whereas under Section 124A, imprisonment for up to 7 years or life imprisonment can be done.
Other Laws: National Security Act (NSA), 1980: If espionage pose a serious threat to national security, preventive detention can be implemented under this Act.
Illegal activities (Prevention) Act (UAPA), 1967: If espionage is related to terrorist activities, the UAPA can be applied to Sections 16, 17 or 18.
Punishment: If found guilty under these laws, one can be punished from 7 years to life imprisonment. And in some cases the death penalty can also be given.
In severe cases (such as leaks of defense information or assisting in war against the country), there may be a possible punishment or life imprisonment on conviction, as well as fines. In less severe cases (such as sharing confidential information or contacting foreign agents) imprisonment from 2 to 14 years is possible. A fine can also be imposed or the culprit can be punished in both ways.
Life imprisonment under BNS and IPC, life imprisonment means to spend the rest of the life of the criminal in jail. It is always rigorous imprisonment, including hard labor.
Penal fines: In many sections, imprisonment can also be imposed along with imprisonment. If the fine is not paid, additional imprisonment can be punished.
The case of Jyoti Malhotra and others filed against Jyoti Malhotra, Devendra Singh and other accused, Sections 3, 4 and 5 of the Commercial Privacy Act registered against the accused. Section 152 of K. Section 152 has been mentioned. Under these sections, if they are found guilty, they may face imprisonment up to 14 years (official privacy act) or life imprisonment/death penalty (BNS Section 152) based on the severity and effect of espionage.
