Information Technology Act Section 80 — Power of police officer and other officers to enter, search, etc
CHAPTER XIII MISCELLANEOUS
Cyber Law
Summary
Sub-section (1) allows a police officer of at least the rank of Inspector, or any other officer of the Central or State Government who has been authorised by the Central Government for this purpose, to enter any public place and search and arrest without a warrant any person found there who is reasonably suspected of having committed, committing, or being about to commit any offence under this Act. This power applies even though the Code of Criminal Procedure, 1973, might otherwise say something different. The explanation clarifies that a "public place" includes any public conveyance, hotel, shop, or any other place meant for use by the public or accessible to the public.
Sub-section (2) states that if a person is arrested under sub-section (1) by an officer who is not a police officer, that officer must, without unnecessary delay, take or send the arrested person before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station.
Sub-section (3) provides that the provisions of the Code of Criminal Procedure, 1973, will apply to any entry, search, or arrest made under this section, but only to the extent they are consistent with this section.
Official Text
(1) 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 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.