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Author Topic: Section 78 - Information Technology Act  (Read 624 times)

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Offline Vishal501

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Section 78 - Information Technology Act
« on: June 04, 2017, 04:12:14 AM »
Hello All,

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 canít stand in court?

Thanks




Offline advuma

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Re: Section 78 - Information Technology Act
« Reply #1 on: June 28, 2017, 09:57:11 AM »
if law is not followed than thats a technical loop, now a judge has the discretionary power to take that into account or disregard it. If you have a lawyer who is known to the Judge than this will be a big issue and your case may get dismissed.

It all depends upon lawyer's closeness to a judge, these days rather than facts of the case or even the Law.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

 

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