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Sec 80, Information Tech. Act 2000: Power of police officer & other officers

Information Technology Act 2000

Chapter XIII (Miscellaneous)

Section 80 (Power of police officer and other officers to enter, search, etc.)

❝(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer, not below the rank of a Inspector, or any other officer of the Central Government or a State Government authorised by the Central Government in this 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 this Act.

Explanation.–For the purposes of this sub-section, the expression “public place” includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public.

(2) Where any person is arrested under sub-section (1) by an officer other than a police officer, such officer shall, without unnecessary 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.

(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, subject to the provisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made under this section.❞



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Notes:

In section 80 of the principal Act, in sub-section (1), for the words “Deputy Superintendent of Police”, the word "Inspector" was substituted by the Information Technology (Amendment) Act 2008 w.e.f. 27 Oct 2009.

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