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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Threats and Cyber Laws

An offence under the IT Act carries a maximum imprisonment of exactly three years. Based on section 77B, which statement is correct?

Under section 77B, an offence punishable with three years' imprisonment is bailable, while offences punishable with three years and above are cognizable. So such an offence is cognizable yet bailable, which is the only option consistent with both limbs of the section.

  1. AIt is cognizable and non-bailable
  2. BIt is non-cognizable and non-bailable
  3. CIt is non-cognizable and bailable
  4. DIt is bailable, and offences punishable with three years and above are cognizableCorrect

Explanation

Section 77B provides that offences punishable with imprisonment of three years and above are cognizable, and the offence punishable with imprisonment of three years is bailable. So a three-year offence is both cognizable and bailable. Options claiming non-bailable or non-cognizable contradict the text.

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