Power of Police officer And Other Officer u/s 80 of Information Technology (amendment) Act 2008

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Category: 
Technology
Author: 
Snehal H. Vakilna - Advocate (Cyber Laws and Cyber Crime Investigation)
Abstract: 

In today’s modern era, especially in developing country like India, there had considerably been rise in various types of crimes including cybercrimes. As, in today’s modern world, the tremendous technological development has become the ultimate source of continuous rise in technological crime which are Cybercrimes. The Indian laws, are generally and repeatedly been accused for the continuous rise in general crime as well as Cybercrime. The legal machinery including the laws and its implementation had always been criticized in developing country like India. In India along with the other substantive and procedural laws Cybercrime issues are mainly been governed by Indian Information technology Act, which got assent of president and came into force on 9th June 2000. Thereafter, the Information technology Act 2000 has been substantially amended through the Information Technology (Amendment) Act 2008 which was passed by the two houses of the Indian Parliament on December 23, and 24, 2008. It got the Presidential assent on February 5, 2009 and was notified for effectiveness on October 27, 2009. Lack of proper implementation of the Indian information technology act has been majorly blamed to be one of the causes for the rise of cybercrimes in India. It had been criticized that though it appears to be self-sufficient, but it remains silent on the power of investigation officer and police authorities under major issues in cybercrime cases. In this paper we will see that as far as power of police officer and investigation officer is concerned, the Indian Information technology Act has always been exhaustive, and if it is properly implemented then it could become one of the finest and most comprehensive acts amongst the world.

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