Skip to content

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

A complaint discloses two offences: one under the IT Act that is non-cognizable and another that is cognizable. Under Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023, how is the case treated for investigation?

The case is deemed cognizable. Section 174(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that where at least one of the offences is cognizable, the whole case is treated as cognizable despite the other offences being non-cognizable.

  1. AAs a non-cognizable case, so the police need a Magistrate's order to investigate
  2. BAs two separate cases, each handled by its own rules
  3. CAs a cognizable case, even though the other offence is non-cognizableCorrect
  4. DAs a case to be referred to the Magistrate, with arrest barred

Explanation

Section 174(4) says that where a case relates to two or more offences of which at least one is cognizable, the case is deemed cognizable notwithstanding that the other offences are non-cognizable. The Magistrate-order requirement in 174(2) therefore applies only to purely non-cognizable cases. Treating it as non-cognizable ignores sub-section (4).

Did you get it right without looking?

One question tells you little. A timed set on Cyber Crimes and Investigation Procedures shows your real accuracy, how long you take and where you lose marks.

Practise Cyber Crimes and Investigation ProceduresFree diagnostic mock

More Cyber Crimes and Investigation Procedures questions