Hyderabad: With the ministry of home affairs examining recommendations for the amendment of Section 78 of the Information Technology Act of 2000, officials of the cybercrime units in the state hope to be able to solve cases more quickly and effectively.
According to Section 78 of the IT Act, notwithstanding the provisions of the Code of Criminal Procedure, 1973, a police officer below the rank of inspector shall not investigate any cognisable offence under the Act.
“This means that only inspectors and officials above the rank of inspector can investigate such cases case. Every year, about 300 cases are registered in Hyderabad city alone, and every Inspector is assigned up to 60 cases,” says an inspector from the Cybercrime Cell of Hyderabad.
The Cybercrime Police deal with cases pertaining to the online abuse of women, hate speeches, cheating on the pretext of offering lotteries, fake job offers, and matrimonial profiles, among others. Cases are also registered against IT companies on charges of fraud, data theft, and hacking.
“Cases pertaining to cybercrime require expertise and thorough investigation. We have to use technology to nab the accused and then gather evidence, which is a big task. On an average, the investigation of a case requires about 15 days,” says another inspector.
Officers say that they are unable to solve cases more quickly because of the limitations imposed by the IT Act.
“Most organised gangs are from other states. When they are caught, they have to be produced before local courts for the obtainment of transit remands. As per the law, it is the investigating officer who has to file the petition before the court,” says an inspector.
Higher officials of the police department have taken note of the problems being faced by the Cybercrime Police and gave a proposal to the Union ministry of home affairs asking for the provisions of the IT Act to be examined.
“Earlier, cases could not be investigated by officials below the rank of DSP. But the Act was amended and to allow Inspectors to conduct investigations. Now, with the number of cases of cybercrime increasing every year, some more amendments need to be made. Police officials across the country feel the need for amendments,” says a senior police officer.
