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IT Act amendment proposed: Only senior cops may probe cybercrime cases
MHA proposed amending the IT Act to require that cybercrime cases be investigated by police officers senior to the rank of inspector
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New Delhi: The Ministry of Home Affairs (MHA) has proposed amending the Information Technology (IT) Act to require that cybercrime cases be investigated by police officers senior to the rank of inspector, according to a parliamentary committee report tabled in the Lok Sabha by BJP MP Satish Kumar Gautam on Friday.
The proposal has been sent to the Ministry of Electronics and Information Technology (MeitY) following a recommendation by the Parliamentary Standing Committee on Home Affairs, which said investigations under the IT Act should be handled by police officers above the rank of inspector to improve the quality and effectiveness of cybercrime probes.
“The Committee also recommends that those officers must be well-versed in all aspects of cybercrime, including digital forensics, cyber laws, investigative techniques, cyber hygiene and incident response as this will help to resolve cybercrimes efficiently and quickly,” the panel said.
At present, Section 78 of the IT Act allows any offence under the law to be investigated by a police officer not below the rank of inspector. The committee has recommended raising this threshold to officers above the rank of inspector.
The provision was last amended in 2008, when the minimum rank required to investigate offences under the IT Act was lowered from deputy superintendent of police (DSP) to inspector. The amendment came into effect in October 2009.
In its action taken report released on August 7, seen by HT, the government said, “A proposal for amendment of the IT Act, 2000 has already been sent by MHA to MeitY.”
The report, however, does not disclose the contents of the proposal or clarify whether the proposed amendment is limited to raising the rank of officers authorised to investigate cybercrime cases. It also does not indicate whether MeitY has accepted or acted on the proposal.
MeitY did not immediately respond to HT’s request for comment.
