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Investigation

The document outlines the powers of investigation and search under the Information Technology Act and the Code of Criminal Procedure, emphasizing the need for police officers of a certain rank to handle cybercrime investigations. It discusses the proposed amendment to empower lower-ranked officers, particularly in rural areas, to investigate cybercrimes effectively. Additionally, it details the procedural requirements and safeguards for conducting searches under the relevant sections of the CrPC.

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Gorika Gogna
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47 views2 pages

Investigation

The document outlines the powers of investigation and search under the Information Technology Act and the Code of Criminal Procedure, emphasizing the need for police officers of a certain rank to handle cybercrime investigations. It discusses the proposed amendment to empower lower-ranked officers, particularly in rural areas, to investigate cybercrimes effectively. Additionally, it details the procedural requirements and safeguards for conducting searches under the relevant sections of the CrPC.

Uploaded by

Gorika Gogna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

INVESTIGATION

SECTION 78: POWER TO INVESTIGATE OFFENCES


 Override of CrPC: This section overrides the provisions of the Code of Criminal
Procedure, 1973.
 Authorised Officer: Only a police officer not below the rank of Inspector is
empowered to investigate offences under the Information Technology Act.

SECTION 80: POWER TO ENTER, SEARCH, AND ARREST


1. Authority to Act: A police officer not below the rank of Inspector or an officer
authorised by the Central Government (from either Central or State Governments) can:
 Enter any public place
 Search
 Arrest without warrant any person reasonably suspected of committing, having
committed, or being about to commit an offence under the Act.
Definition of Public Place: Includes public conveyances, hotels, shops, and other places
accessible to the public.
2. If a non-police officer makes an arrest under sub-section (1), they must promptly
present the arrested person before a Magistrate or the officer-in-charge of a police
station.
3. The Code of Criminal Procedure, 1973 will apply to such entry, search, or arrest as
far as applicable, but subject to the provisions of this section.

INFORMATION TECHNOLOGY (AMENDMENT) BILL, 2016


 With the expansion of Internet access across India, including rural and remote areas, there
has been a significant rise in the misuse of social media platforms and the perpetration
of cybercrimes, such as fraud, harassment, and financial crimes.
 However, Section 78 of the Information Technology Act, 2000, allows only police
officers not below the rank of Inspector to investigate cybercrimes. This has resulted in
a practical limitation, especially in rural areas where police posts are often headed by
Sub-Inspectors or lower-ranked officers, thereby rendering them legally powerless to
initiate investigations in cybercrime matters. Consequently, numerous cybercrime cases
remain unattended or delayed, especially in villages and smaller towns.
 The Information Technology (Amendment) Bill, 2016 proposes a revision of Section 78
to empower the in-charge of any police post, including village police posts, to investigate
cybercrime cases.
 Proposed text of Section 78:
“Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the in-
charge of a police post including village police post shall investigate any offence under this
Act.”
 Objective: To ensure that even lower-ranked police officials in rural or underdeveloped
areas can lawfully investigate and take prompt action against cybercrimes.
POWERS OF SEARCH UNDER CRPC (RELEVANT PROVISIONS)
Section 165 – Search by Police Officer
 Permits a police officer in charge of a police station or an authorized investigating
officer to conduct a search if he:
o Has reasonable grounds to believe that something essential to the investigation
is present in a particular place, and
o That item cannot be obtained without undue delay.
 Key procedural requirements:
o Written record of grounds for belief and item to be searched must be
maintained.
o If officer cannot conduct the search personally, he may authorize a
subordinate officer in writing to conduct it.
o Copy of the search record must be sent to the nearest Magistrate.
o The owner/occupant of the place searched can request a free copy of the search
report.

Section 100 – General Provisions for Search


 Applies to searches under Section 165 and mandates specific safeguards and
procedural checks:
o If the place is closed, the person in charge must allow entry on production of
warrant.
o If refused, police may force entry as per legal procedure.
o Persons suspected of concealing articles may be searched, and if a woman is
searched, it must be done by another woman with decency.
o Officer must call upon two or more respectable local witnesses to witness the
search.
o A search list (seizure list) must be prepared, signed by witnesses, and a copy
must be given to the occupant or searched person.
o Witnesses are not required to attend court, unless specifically summoned.
o Refusal to act as a witness when ordered can attract penalty under Section 187
of IPC.

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