Section 80 of ITA, 2000 : Section 80: Power Of Police Officer And Other Officers To Enter, Search, Etc

Explanation using Example

Let's imagine a scenario where Mr. X is running an internet cafe in a busy market. The police receive a tip-off that Mr. X's internet cafe is being used for illegal activities such as hacking into secure websites and stealing sensitive data.

Under Section 80 of The Information Technology Act, 2000, a police officer, not below the rank of an Inspector, can enter Mr. X's internet cafe, which is a public place as per the law. The officer doesn't need a warrant for this action. If the officer finds anyone in the cafe who is reasonably suspected of having committed, committing, or about to commit any offence under this Act, they can arrest that person without a warrant.

Now, if the person is arrested by an officer other than a police officer, such as an officer from the cybercrime department, that officer must, without unnecessary delay, take or send the arrested person before a magistrate or the officer-in-charge of a police station.

All the procedures of the Code of Criminal Procedure, 1973 will apply to this scenario, subject to the provisions of Section 80 of The Information Technology Act, 2000.