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Legal service India => Cyber laws => Topic started by: Vishal501 on June 04, 2017, 04:12:14 AM

Title: Section 78 - Information Technology Act
Post by: Vishal501 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



Title: Re: Section 78 - Information Technology Act
Post by: advuma 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.