Question

Which section of the IT Act requires the investigating officer to be of a specific rank?

• A. Section 72
• B. Section 67B
• C. Section 78
• D. Section 66

Answer 1

Answer:

C. Section 78

 Section 78: Power to investigate offences

This section specifies that not withstanding anything contained in the Code of Criminal Procedure, 1973 (CrPC), a police officer not below the rank of Inspector shall investigate any offence under the IT Act.

Key Points:

• Designation: Only police officers of the rank of Inspector or above are authorized to investigate offences under the IT Act.

• Supersedes CrPC: This section overrides the general provisions of the CrPC concerning the rank of officers who can investigate offences, ensuring that investigations under the IT Act are handled by senior officers with appropriate experience and authority.

Purpose:

This provision is designed to ensure that cybercrimes, which can be complex and technical in nature, are investigated by officers with sufficient rank and expertise, thereby enhancing the effectiveness of the investigation process.