Cyber crime - my case is assigned to investigating officer
8 months ago
yesterday my case is assigned to investigating officer. what is the next process and how much time to take for solved case.
A.Dear client,
The immediate next step is investigation. The power to investigate the accused in regard to the cyber offences, has been entailed in Section 78 of the IT Act, which says that “notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Inspector shall investigate any offence under this Act”. Nevertheless, the IT Act is not sufficient to meet the necessity, therefore the Criminal Procedure Code, 1978 and the Indian Penal Code, 1860, were also amended accordingly to introduce cyber-crime under their ambit. This gives power to the Inspector to register and investigate the cyber-crime as like another crime.
Process of search & arrest
The power of the police office and other officers to enter, search etc. is entailed in Section 80 (1) of the IT Act, which says that, notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of the Inspector or any other officer of the Central Government or State Government authorized by the Central Government in this regard, may enter any public place, search and arrest without warrant any person, who is reasonably suspected of having committed or of committing or about to commit an offence under the IT Act.
Pursuant to Section 80 (2) of the IT Act, any person who is arrested under sub-section (1) by an officer other than a police officer then such officer shall, without any unreasonable delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station.
The immediate next step is investigation. The power to investigate the accused in regard to the cyber offences, has been entailed in Section 78 of the IT Act, which says that “notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Inspector shall investigate any offence under this Act”. Nevertheless, the IT Act is not sufficient to meet the necessity, therefore the Criminal Procedure Code, 1978 and the Indian Penal Code, 1860, were also amended accordingly to introduce cyber-crime under their ambit. This gives power to the Inspector to register and investigate the cyber-crime as like another crime.
Process of search & arrest
The power of the police office and other officers to enter, search etc. is entailed in Section 80 (1) of the IT Act, which says that, notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of the Inspector or any other officer of the Central Government or State Government authorized by the Central Government in this regard, may enter any public place, search and arrest without warrant any person, who is reasonably suspected of having committed or of committing or about to commit an offence under the IT Act.
Pursuant to Section 80 (2) of the IT Act, any person who is arrested under sub-section (1) by an officer other than a police officer then such officer shall, without any unreasonable delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station.
Helpful
Helpful
Share
Read Related Answers
Telegram Scam in a telegram group
Dear Client
You bank and the cybercrime team would have sent the details to the scamster's bank to put either a lien or debit freeze on the account. If the money is still lying there then you have th...
Got a call from cyber safety department
Dear Client
Could you please clarify that which Cyber Cell Team did call you on this? Is it the team from some organization where you are working or is it some government organization like the police...
Cyberstalking and phone harrasment
Dear Client,
In India, stalking either physical or electronic via phone calls, text messages, or emails is a criminal offence under Section 354D of the Indian Penal Code and is punishable with one to...
Fraud UPI transactions
Dear Client,
In case of UPI fraud, you can report it to the National Cybercrime Reporting Portal (NCRP) online or to your nearest cyber crime cell. Further, on the instruction of the Cyber Crime Cell...
Cyber crime complaint after police not support investigation& not raise F I R
Dear Client,
In the given situation, you need to write to the NCCRP informing them of the present status of your complaint and file an application under Section 156(3) of Cr. PC before the concerned J...
Read Blogs on Cyber Crime
Cyber Crime Lawyers
Find Lawyers by Location
