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

CERT-In issues a direction to a body corporate under Section 70B(6) and the body fails to comply. Who may make a complaint so that a court can take cognizance of the offence under Section 70B?

Only an officer authorised by CERT-In can make the complaint. Section 70B(8) prohibits courts from taking cognizance of an offence under that section except on such a complaint, so private persons or police acting on their own cannot start the prosecution.

  1. AAny aggrieved private person
  2. BThe officer in charge of the nearest police station on his own motion
  3. CAn officer authorised in this behalf by CERT-InCorrect
  4. DThe Registrar of Companies

Explanation

Section 70B(8) bars a court from taking cognizance of an offence under the section except on a complaint made by an officer authorised by CERT-In. A police officer's general power to investigate cognizable cases under Section 175 of the Bharatiya Nagarik Suraksha Sanhita does not override this specific bar on cognizance.

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