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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

CERT-In authorised officer files a complaint against a body corporate for failing to comply with its directions under Section 70B. Which statement about court procedure is correct under the Act?

A court can take cognizance of an offence under Section 70B only on a complaint made by an officer authorised by the Indian Computer Emergency Response Team. Private persons or the court itself cannot start the prosecution, and the Controller has no such role here.

  1. ANo court can take cognizance of the offence except on a complaint made by an officer authorised by CERT-InCorrect
  2. BAny private person may file a complaint and the court must take cognizance
  3. CThe court may take cognizance on its own without any complaint
  4. DOnly the Controller of Certifying Authorities may make the complaint

Explanation

Section 70B(8) bars courts from taking cognizance of an offence under that section except on a complaint by an officer authorised by the agency, that is CERT-In. Private complaints or suo motu cognizance are therefore not allowed.

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