The Information Technology Act, 2000
CHAPTER XIII: MISCELLANEOUS
Section 80: Power Of Police Officer And Other Officers To Enter, Search, Etc
Bare Act
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer, not below the rank of an 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.
Simplified Act
(1) Even if other laws might say differently, a police officer of at least the rank of Inspector, or any other official authorized by the government, can go into places that the public can access and arrest someone without a warrant if they have good reason to believe that person has committed, is committing, or is about to commit a crime under this law. Explanation - "Public place" here means anywhere the public can go, like buses, trains, hotels, stores, or any place meant for the public to use.
(2) If someone is arrested by an official who is not a police officer, that official must take the arrested person to a magistrate or a police station as soon as possible.
(3) The rules for how to enter, search, and arrest someone as stated in this section should be followed as much as possible, even though there are other general rules for arresting people in the Code of Criminal Procedure from 1973.
Explanation using examples
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.
