Investigation, Search and Arrest

In one line

Only a police officer of the rank of Inspector or above may investigate an offence under the Act, and such an officer, or an authorised Government officer, may enter any public place and search and arrest without warrant anyone reasonably suspected of having committed, committing or being about to commit an offence under it.

In the wording a student can write in an exam: section 78 of the Information Technology Act, 2000 provides 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 the Act.

Section 78, who may investigate

The rule. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a police officer not below the rank of Inspector shall investigate any offence under the Act.

What it displaces. Under the Code an officer in charge of a police station investigates a cognizable case, and the rank is not fixed. Section 78 fixes it.

And what it changed. Until 27 October 2009 the section read "Deputy Superintendent of Police". Act 10 of 2009 substituted "Inspector", which moved investigation of every offence in the Act down two ranks and put it within reach of an ordinary police station.

The word is "shall". An investigation by an officer below that rank is not merely irregular; the section forbids it.

Section 80, entry, search and arrest

Sub-section (1), the power. Notwithstanding the Code of Criminal Procedure, 1973:

• any police officer not below the rank of Inspector, or
• any other officer of the Central Government or a State Government authorised by the Central Government in that behalf,

may enter any public place, and search and arrest without warrant any person found therein who is reasonably suspected of having committed, or of committing, or of being about to commit any offence under the Act.

The Explanation defines public place to include any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to, the public.

Sub-section (2), the arrest by a non police officer. Where a person is arrested by an officer other than a police officer, that officer shall without unnecessary delay take or send him before a magistrate having jurisdiction or before the officer in charge of a police station.

Sub-section (3). The Code of Criminal Procedure, 1973 applies, so far as may be, to any entry, search or arrest under the section, subject to the section's own provisions.

The rank here was lowered too. "Deputy Superintendent of Police" became "Inspector" by the same 2009 amendment.

Broken down: four limits on section 80

One, place. Only a public place, as widely defined. The section confers no power to enter a private house, and the ordinary law of search warrants governs there.