by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
by Police - Bureau of Police Research and Development
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The Indian <strong>Police</strong> JournalInvestigations <strong>and</strong> Search Procedures 15Section 75 <strong>of</strong> Information Technology Act, 2000 takes care <strong>of</strong>jurisdictional aspect <strong>of</strong> Cyber Crimes, <strong>and</strong> one would be punishedirrespective <strong>of</strong> his nationality <strong>and</strong> place <strong>of</strong> commission <strong>of</strong> <strong>of</strong>fence.Government or a State Government authorized <strong>by</strong> Central Government.He may enter any public place, conduct a search <strong>and</strong> arrest withoutwarrant person, who is reasonably expected to have committed an<strong>of</strong>fence or about to commit computer-related crime. Accused has tobe produced before Magistrate within 24 hours <strong>of</strong> arrest. Provisions<strong>of</strong> Criminal Procedure Code, 1973 regulate the procedure <strong>of</strong> entry,search <strong>and</strong> arrest <strong>of</strong> the accused. 16It cannot be disputed that Information Technology Act, 2000 thoughprovides certain kinds <strong>of</strong> protections, yet does not cover all the spheres<strong>of</strong> the I.T. where the protection must be provided. Copyright <strong>and</strong>trademark violations do occur on the Net, but Copyrights Act, 1976, with the issue. Therefore, have no enforcement machinery to ensurethe protection <strong>of</strong> domain names on the Net. Transmission <strong>of</strong> e-cash<strong>and</strong> transactions online are not given protection under NegotiableInstruments Act, 1881. Online privacy is not protected; only Section43 (Penalty for damage to computer or computer system) <strong>and</strong> 72doesn’t hinder the violations caused in the cyberspace.Internet Service Providers (ISP), who transmits some third partyinformation without human intervention, is not made liable under theInformation Technology Act, 2000. One can easily take shelter underthe exemption clause, if he proves that it was committed without hisknowledge or he exercised due diligence to prevent the <strong>of</strong>fence. It ishard to prove the commission <strong>of</strong> <strong>of</strong>fence as the terms “due diligence”And, unfortunately, the Act does not mention how the extraterritoriality15Available at: http://www.legalserviceindia.com/article/l146-cybercrime-<strong>and</strong>-law.html.Browsed on 1 st January, 2012 at 5.00 PM.16Available at http://www.legalserviceindia.com/article/l146-cybercrime-<strong>and</strong>-law.html.Browsed on 1 st January, 2012 at 5.10 PM.112 January - March, 2013
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