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Dhiraj Chaudhari
in Criminal Law
Asked June 04, 2017

Powers of the Police to investigate Cyber Crime

  • 1 Answer
  • 1961 Views

Hello, I am victim of IT Act 65, 66(B), and 66(C) which I believe is Bailable and Cognizable offence. According to section 78 of Information Technology Act, a police officer not below the rank of inspector shall investigate any cognizable offence under this act. Police Inspectors are under Class -2 Non-Gazetted officer. Does it mean that Police officer who are gazette can only investigate the cyber-crime? If the police officer who is non-gazette the police investigation and charge filed by such officer can’t stand in court? Thanks Dhiraj

Answer 1

Offences under Section 65 and Section 66(b) and 66(c) of the Information Technology Act 2008, have punishment up to 3 years along with fine. They are Non-cognizable and bailable and not cognizable and bailable as stated by you.

Under Section 78 of the IT Act, Inspectors have the power to investigate all offences under the Act and not just the cognizable offence. Inspectors fall under the Non-gazetted officers [1] and according to the Act, nobody under them have the power to investigate an offence. It should be done by them or any Police Officer above them. Thus any evidence will be accepted by the Court as long as the investigation is done by an Inspector or any Officer above him in ranks, irrespective of Gazette or non-gazette officer.

 

 

[1] http://ididntknewthis.blogspot.in/2012/07/list-of-police-officers-ranks-in-india.html. http://shillongpolice.gov.in/Police_Acts_Manual/Assam%20Police%20Manual%20Part%20I%20to%20Part%20V/apm_part1.pdf

 

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