Eleven individuals, including well-known travel blogger Jyoti Malhotra, have been arrested over the last three days on charges of spying for Pakistan, amid escalating tensions following Operation Sindoor. This counter-terror offensive was launched by India in response to a recent terror attack in Pahalgam, targeting terrorist infrastructure in Pakistan and Pakistan-occupied Kashmir (PoK).
Key Developments:
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Jyoti Malhotra, a 33-year-old Haryana-based YouTuber, was arrested on May 16 along with six others for allegedly leaking sensitive Indian military information to Pakistani intelligence.
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Additional spy networks have been uncovered in Punjab and Uttar Pradesh, with investigations pointing to a coordinated network of individuals sharing military movement details with foreign handlers.
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The accused reportedly used encrypted communication platforms to send sensitive data.
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Malhotra had alleged links with an official from the Pakistan High Commission in New Delhi and frequently traveled across India, raising suspicions about her activities.
Legal Framework: The Official Secrets Act (OSA)
This colonial-era legislation, still in force in India, is designed to prevent espionage and the unauthorized sharing of sensitive state information.
Scope and Applicability:
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Applies to all Indian citizens and government officials.
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Covers spying, unauthorized sharing, and withholding of sensitive government data.
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Individuals can be prosecuted even without intent to harm state security.
What Constitutes Espionage Under the OSA?
Section 3 – Spying and Unauthorized Access
Punishes:
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Entering or surveying prohibited areas (e.g., military installations).
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Making or possessing sketches, models, or notes useful to the enemy.
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Collecting, sharing, or publishing classified data, including passwords, plans, and communications that may compromise national security or diplomatic relations.
Punishment:
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Up to 14 years in cases involving defense or military assets.
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Up to 3 years in other cases.
Section 5 – Wrongful Communication or Handling
Applies to individuals with official access to secrets, and punishes:
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Sharing classified material with unauthorized individuals.
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Using sensitive data for the benefit of foreign powers.
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Retaining or not returning official secrets when ordered.
Also penalizes recipients who knowingly obtain such materials illegally.
Punishment:
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Up to 3 years’ imprisonment, fine, or both.
Additional Provisions: Section 152 of Bharatiya Nyaya Sanhita (BNS)
Targets those who:
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Incite secession, rebellion, or subversive activities.
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Endanger India’s sovereignty or unity through any medium, including financial or electronic channels.
Punishment:
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Life imprisonment, or
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Imprisonment up to 7 years and fine.
Context: Operation Sindoor and Rising Tensions
The arrests occur in the backdrop of Operation Sindoor, launched to neutralize terror threats across the border. Following the Pahalgam terror attack, India’s military actions in PoK and Pakistan heightened regional strain, possibly triggering increased espionage activity from hostile entities.
Authorities are continuing investigations, and more arrests are likely. This case also raises concerns about the use of social media influencers and public figures for covert operations, highlighting a new dimension in modern espionage tactics.
