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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

A CERT-In officer wants to prosecute a data centre operator, Vistar Datacom Pvt. Ltd., for failing to comply with a direction under Section 70B(6). Which procedural position is correct?

A court can take cognizance of a Section 70B offence only on a complaint made by an officer authorised by CERT-In, as Section 70B(8) provides. A private complaint, a police report alone or the court acting on its own motion does not satisfy this condition.

  1. AA court can take cognizance only on a complaint made by an officer authorised by CERT-InCorrect
  2. BAny private person may file the complaint, and the court may take cognizance
  3. CThe police may register an FIR and the court may take cognizance on the police report alone
  4. DThe court may take cognizance on its own motion without any complaint

Explanation

Section 70B(8) bars cognizance of an offence under that section except on a complaint by an officer authorised by the agency. So the general police route in Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for investigating cognizable cases does not by itself let the court take cognizance here.

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