Summary: Nishant Agrawal, who was originally given a life sentence for online terrorism and spying, had his conviction overturned by the Bombay High Court. The court found there wasn't enough proof for most of the charges, keeping only a minor charge under the Official Secrets Act.
Nishant Agrawal, a 34-year-old from Haridwar, was found guilty on June 3, 2024, by the Additional Sessions Judge in Nagpur. He was accused under laws for internet use and keeping government secrets for sharing important information about national security.
Quote from Judgment:
"The appellant is sentenced to suffer life imprisonment for the offence punishable under Section 66-F of the Act of 2000."
The case started when Harishanker Mishra, a police officer with the Anti-Terrorist Squad (ATS) in Kanpur, reported that Facebook accounts from Pakistan were used to talk to Indian defense workers.
The investigation, led by Inspector Pankaj Awasthi, showed that Nishant Agrawal had looked at files about BrahMos missiles, which were found on his personal devices.
Quote from Judgment:
"The accused unauthorizedly obtained the classified documents on his personal device."
Nishant Agrawal's defense said he didn't have bad intentions and that the files were part of his training. His talks with Sejal Kapoor were about job opportunities, not spying.
On December 1, 2025, the Bombay High Court, with Judges Anil S. Kilor and Pravin S. Patil, overturned most of the charges, saying there wasn't enough proof of bad intentions or unauthorized access.
Quote from Judgment:
"The prosecution has failed to prove the circumstances or the conduct of the accused... to presume under Section 3(2) of the Act of 1923."
The court kept a conviction under Section 5(1)(d) of the Official Secrets Act for being careless but removed the more serious charges. Nishant Agrawal's life sentence was canceled, giving him a big reduction in his legal penalties.
