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Bombay High Court Quashes Espionage Convictions of Ex‑BrahMos Scientist

The bench ruled the prosecution failed to show any data transfer or requisite intent.

Overview

  • A division bench at the Nagpur seat set aside Nishant Agarwal’s life term and cleared major spying counts, leading to his release from Nagpur Central Jail.
  • Justices Anil Kilor and Pravin Patil struck down Section 66F of the IT Act and key Official Secrets Act charges while upholding only Section 5(1)(d) for unauthorised possession.
  • The court noted 19 classified BrahMos files were moved to Agarwal’s personal laptop but found no technical proof that any information left his device or reached foreign entities.
  • The three‑year sentence on the possession count was deemed served after roughly seven years in custody since his 2018 arrest, including a 14‑month bail period.
  • Following his release, Agarwal urged professionals to beware of online enticements and signaled a shift toward management roles rather than returning to scientific work.