Power of
Arrest without
Warrant under
the IT Act,
2000
What is the IT Act, 2000?
• India's first law for regulating cyber activities and
digital communication.
• Passed by the Indian Parliament in 2000.
• Provides legal recognition to electronic
transactions, digital signatures, and cybercrime
laws.
• Supports e-commerce, e-governance, and online
data security.
• Divided into various chapters and sections
covering offenses, penalties, and procedures.
Objectives of the IT Act, 2000
• Facilitate e-commerce and e-governance.
• Legalize digital signatures and electronic
records.
• Combat cybercrime like hacking, data theft,
and identity fraud.
• Protect privacy and regulate digital content.
• Enable prosecution and adjudication of cyber
disputes.
Criminal Procedure Code (CrPC), 1973
• The Criminal Procedure Code (CrPC) is the main law
that lays down the procedure for:
• Investigation of crimes, Arrest of offenders, Filing
charges, Conducting trials, Pronouncing judgments,
Appeals and bail procedures
Feature CrPC IPC
Full Form Criminal Procedure Code Indian Penal Code
Deals With How the law is enforced What constitutes a crime
FIR, arrest, trial, bail, Theft, murder, rape,
Covers
appeal cheating, etc.
Section 80 – Power of Police Officer to
Arrest Without Warrant
• "Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974), any
police officer, not below the rank of a Deputy
Superintendent of Police, or any other officer of
the Central Government or a State Government
authorized by the Central Government in this
behalf may enter any public place and search and
arrest without warrant any person found therein
who is reasonably suspected of having committed
or of committing or of being about to commit any
offence under this Act in such public place."
What is Section 80?
• Section 80 of the Information Technology Act,
2000 empowers a police officer (not below the
rank of Inspector) or any other authorized officer
to enter any public place and arrest a person
without a warrant if:
• The person is suspected of committing a
cybercrime.
• The officer has reasonable grounds to believe
that the offence has been or is being committed.
Key Points of Section 80
• Allows arrest without warrant in public places.
• Officer must be at least Deputy
Superintendent of Police.
• Applies only to cyber offences under the IT
Act.
• Raises concern regarding personal liberty and
misuse.
Cognizable Offences
Offences where police can register an FIR, investigate,
and arrest the accused without prior permission from
the court.
Example Crimes:
• Hacking, Cyber terrorism
Police Powers:
• Can take immediate action on their own.
• Can arrest without a warrant.
Legal Impact:
• These are serious offences, often involving threats to
society or individuals.
• Usually non-bailable.
Non-Cognizable Offences
Offences where police CANNOT arrest or begin investigation without
approval from a magistrate.
• An In such cases, a NCR filed by the police when a non-cognizable
offence is reported.
• It is recorded for documentation purposes only — no FIR is
registered at this point.
Example Crimes:
• Sending offensive messages online (Sec 66A, now struck down)
• Defamation, Cheating, Cyberstalking (in some cases)
Legal Requirement:
• Police must get permission from the court before taking any action.
• Typically less severe crimes.
• Usually bailable.
Cognizable vs. Non-Cognizable
Offences
Feature Cognizable Offence Non-Cognizable Offence
Can act without court Needs prior court
Police Action
permission permission
Arrest Without warrant With court’s permission
Serious or heinous Less serious or
Seriousness
offences compoundable offences
Cyber terrorism, serious Online defamation, misuse
Examples (Cyber)
hacking of social media
Only after magistrate’s
Filing FIR Directly by police
permission
Bail Usually non-bailable Usually bailable
Scenario
• A cybercrime complaint is registered in a police station
about someone using a cyber café to send phishing
emails to steal banking details from customers.
• The cybercrime unit tracks the IP address and finds
that it's being used at a cyber café in Panaji, Goa.
• The officer investigating is of the rank of Deputy
Superintendent of Police (DySP).
• The officer arrives at the cyber café without a warrant
and finds the suspect sitting at a computer terminal.
CAN DySP arrest????
• Outcome 1: If the suspect is sitting, Section 80 of
the IT Act, 2000: Allows arrest without warrant in
a public place if a person is suspected of a cyber
offence. The cyber café is considered a public
place under the law.
• Outcome 2: If the suspect has already left and
gone home. The suspect’s identity and location
are known. Section 80 only allows warrantless
arrest in a public place. The suspect’s home is a
private place, so police must: Apply for a
search/arrest warrant from the magistrate.
Section 154 – Information in
Cognizable Cases
• When a cognizable offence (serious crime) is reported, the
police are legally bound to record the information as an
FIR (First Information Report).
Key Points:
• If the information is given orally, it must be written down
by the police officer.
• The report must be read back to the informant (person
giving the complaint).
• The informant must sign it.
• A copy of the FIR must be given to the complainant free of
cost.
• FIR can be filed at any police station — not necessarily
where the crime occurred (Zero FIR).
Section 157 – Procedure for
Investigation
• Once an FIR is registered under Section 154, Section 157
kicks in — it outlines how police should proceed with
investigation.
Steps Under Section 157:
• Police officer reads the FIR.
• If the information reveals a cognizable offence, the officer:
– Proceeds to the crime scene to investigate, or
– Sends a report to the Magistrate with details.
• The officer may:
– Examine witnesses,
– Collect evidence (documents, devices, etc.),
– Arrest suspects if needed.
• If the information does not indicate a serious crime, the
officer need not investigate and must record the reason.
Criticism of Section 80
• Power to arrest without warrant may lead to misuse
-Example: arresting someone based on personal bias,
incomplete evidence, or social profiling.
• Ambiguity in terms like 'reasonable suspicion’.
- Example - Different officers may interpret it differently.
• Could violate individual rights if misapplied.
-Example: Arresting someone just for posting a controversial
opinion online could be a misuse.
• Necessity of balancing national security with civil liberties.
- Example: people have constitutional rights — like privacy,
dignity, and protection from wrongful arrest.
Case Brief: Suhas Katti vs. State of
Tamil Nadu (2004)
• First conviction under the IT • Police tracked the IP address
Act. and traced it to Suhas Katti.
• Arrested without warrant under • Legal Action Taken:
Section 80. • Suhas Katti was charged under:
• Demonstrates Section 80 in – Section 67 of the IT Act
action. (publishing obscene material in
• Year: Complaint filed in 2003, electronic form)
verdict in November 2004 – Section 469 & 509 of the IPC
(forgery, intent to harm
• Victim: A woman who was reputation, and insulting
divorced modesty of a woman)
• Accused: Suhas Katti (known to • Suhas Katti was convicted and
the victim) sentenced to 2 years
• Accused posted obscene imprisonment and fined ₹4,000.
messages about a woman in a
Yahoo group.
