Powers of Police Under It Act: - Sections

POWERS OF POLICE UNDER IT ACT
•SECTIONS:
80. Power of police officer and other officers to enter, search, etc.
81. Act to have overriding effect.
•81A. Application of the Act to electronic cheque and truncated cheque.
82.Controller, Deputy Controller and Assistant Controller to be public
servants.
83. Power to give directions.
84.Protection of action taken in good faith.
84A. Modes or methods for encryption.
84B. Punishment for abetment of offences.
84C. Punishment for attempt to commit
offences.
85. Offences by companies.
86. Removal of difficulties.
87. Power of Central Government to make
rules.
88. Constitution of Advisory Committee.
89. Power of Controller to make
regulations.
90. Power of State Government to make
rules.
91. [Omitted].
92. [Omitted].
93. [Omitted].
80. POWER OF POLICE OFFICER AND OTHER
OFFICERS TO ENTER, SEARCH, ETC.
• Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), any police officer, not below the rank of
a 1 [Inspector], or any other officer of the Central Government or a
State Government authorized 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:
(1)Forthe 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.
81. ACT TO HAVE OVERRIDING EFFECT.
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being
in force.
[Provided that nothing contained in this Act shall restrict any

person from exercising any right conferred under the Copyright Act,
1957 (14 of 1957) or the Patents Act, 1970 (39 of 1970).]
81A. APPLICATION OF THE ACT TO ELECTRONIC
CHEQUE AND TRUNCATED CHEQUE:
• (1) The provisions of this Act, for the time being in force, shall apply to, or in
relation to, electronic cheques and the truncated cheques subject to such
modifications and amendments as may be necessary for carrying out the
purposes of the Negotiable Instruments Act, 1881 (26 of 1881) by the Central
Government, in consultation with the Reserve Bank of India, by notification in
the Official Gazette.
• Explanation.–For the purposes of this Act, the expressions “electronic cheque”
and “truncated cheque” shall have the same meaning as assigned to them in
section 6 of the Negotiable Instruments Act, 1881 (26 of 1881).]
82. CONTROLLER, DEPUTY
CONTROLLER AND ASSISTANT
CONTROLLER TO BE PUBLIC
SERVANTS.–
The Controller, the Deputy Controller and the
Assistant Controllers shall be deemed to be
public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860).]
83. POWER TO GIVE
DIRECTIONS
•The Central Government may give directions to
any State Government as to the carrying into
execution in the State of any of the provisions of
this Act or of any rule, regulation or order made
thereunder
84. PROTECTION OF ACTION TAKEN IN GOOD
FAITH
•The Central Government may give directions to

any State Government as to the carrying into
execution in the State of any of the provisions of
this Act or of any rule, regulation or order made
thereunder.
84A. MODES OR METHODS FOR
ENCRYPTION
The Central Government may, for secure use of

the electronic medium and for promotion of e-
governance and e-commerce, prescribe the
modes or methods for encryption.
84B. PUNISHMENT FOR ABETMENT OF
OFFENCES.
Whoever abets any offence shall, if the act abetted is committed in
consequence of the abetment, and no express provision is made by this
Act for the punishment of such abetment, be punished with the
punishment provided for the offence under this Act.
Explanation.–An act or offence is said to be committed in consequence
of abetment, when it is committed in consequence of the instigation, or in
pursuance of the conspiracy, or with the aid which constitutes the
abetment
84C. PUNISHMENT FOR ATTEMPT TO COMMIT
OFFENCES
Whoever attempts to commit an offence punishable by this Act or
causes such an offence to be committed, and in such an attempt
does any act towards the commission of the offence, shall, where no
express provision is made for the punishment of such attempt, be
punished with imprisonment of any description provided for the
offence, for a term which may extend to one-half of the longest term
of imprisonment provided for that offence, or with such fine as is
provided for the offence, or with both.]
85. OFFENCES BY COMPANIES.–
Where a person committing a contravention of any of the provisions of this Act or of any rule,
direction or order made thereunder is a company, every person who, at the time the
contravention was committed, was in charge of, and was responsible to, the company for the
conduct of business of the company as well as the company, shall be guilty of the contravention
and shall be liable to be proceeded against and punished accordingly:
Explanation.–For the purposes of this section,–

(i)“company” means any body corporate and includes a firm or other association of individuals;
and
(ii) “director”, in relation to a firm, means a partner in the firm
86. REMOVAL OF DIFFICULTIES
1) Ifany difficulty arises in giving effect to the provisions of this Act,
the Central Government may, by order published in the Official
Gazette, make such provisions not inconsistent with the provisions of
this Act as appear to it to be necessary or expedient for removing the
difficulty:
Provided that no order shall be made under this section after the
expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before each House of Parliament.
87. POWER OF CENTRAL GOVERNMENT TO
MAKE RULES.
(1)TheCentral Government may, by notification in the Official
Gazette and in the Electronic Gazette, make rules to carry out the
provisions of this Act.
(2)In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:–
(a)the conditions for considering reliability of electronic signature or
electronic authentication technique under sub-section (2) of section
3A
b) the electronic form in which filing, issue, grant or payment shall be
effected under sub-section (1) of section 6;
(c)the manner and format in which electronic records shall be filed, or
issued and the method of payment under sub-section (2) of section 6;
(d)the matters relating to the type of 2 [electronic signature], manner
and format in which it may be affixed under section 10;
(e)the manner of storing and affixing electronic signature creation
data under section 15;
(f)the qualifications, experience and terms and conditions of service of
Controller, Deputy Controllers 4 [, Assistant Controllers, other officers
and employees]
88. CONSTITUTION OF ADVISORY COMMITTEE
(1)The Central Government shall, as soon as may be after the commencement of this Act,
constitute a Committee called the Cyber Regulations Advisory Committee.
(2) The Cyber Regulations Advisory Committee shall consist of a Chairperson and such number
of other official and non-official members representing the interests principally affected or
having special knowledge of the subject-matter as the Central Government may deem fit.
 (3) The Cyber Regulations Advisory Committee shall advise–
(a) the Central Government either generally as regards any rules or for any other purpose
connected with this Act;
 (b) the Controller in framing the regulations under this Act.
(4) There shall be paid to the non-official members of such Committee such travelling and other
allowances as the Central Government may fix.
89. POWER OF CONTROLLER TO MAKE
REGULATIONS.
• (1) The Controller may, after consultation with the Cyber Regulations Advisory Committee and
with the previous approval of the Central Government, by notification in the Official Gazette,
make regulations consistent with this Act and the rules made thereunder to carry out the purposes
of this Act
(2) In particular, and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters, namely:–
(a) the particulars relating to maintenance of data base containing the
disclosure record of every Certifying Authority under clause 1 [(n)] of
section 18;
(b) the conditions and restrictions subject to which the Controller may
recognize any foreign Certifying Authority under sub-section (1) of
section 19;
(c) the terms and conditions subject to which a license may be granted
under clause (c) of sub-section (3) of section 21;
90. POWER OF STATE GOVERNMENT TO
MAKE RULES.
 (1) The State Government may, by notification in the Official Gazette, make rules to carry out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:–
(a) the electronic form in which filing, issue, grant, receipt or payment shall be effected under sub-
section (1) of section 6; (
(b) for matters specified in sub-section (2) of section 6;
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it
is made, before each House of the State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.

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POWERS OF POLICE UNDER IT ACT

[Provided that nothing contained in this Act shall restrict any

•The Central Government may give directions to

The Central Government may, for secure use of

Explanation.–For the purposes of this section,–

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