Power to investigate offences
Section 78 of the Information Technology Act, 2000 deals with power to investigate offences. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of [Inspector] shall investigate any offence under this Act. The Act came into force on 17 Oct 2000.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a police officer not below the rank of 1 [Inspector] shall investigate any offence under this Act.
Section 78, The Information Technology Act, 2000 (Act 21 of 2000).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sri Poornesh @ Supradeep v. State of Karnataka
Court's Decision & Legal Precedent
Under current IT Act s.78, only an Inspector-rank (or above) police officer may investigate; Sub-Inspector investigation vitiates proceedings. Body dated 30TH DAY OF JUNE, 2022; labelled Final Order order-1.pdf.
On this section: Court applied post-amendment s.78 Inspector-rank investigation requirement.
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Veeramallu Durga Prasad v. State of Andhra Pradesh
Court's Decision & Legal Precedent
IT Act s.78 (then requiring investigation by officer not below DSP rank) — investigation by lower-rank officer is illegal; proceedings quashed. Body dated 31st December 2010; labelled Final Order order-1.pdf.
On this section: Court enforced s.78 rank restriction on who may investigate IT offences.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 78
What have the courts held on Section 78 of the Information Technology Act?
Sri Poornesh @ Supradeep v. State of Karnataka (30 Jun 2022) is the leading judgment on this section among those set out below: Court applied post-amendment s.78 Inspector-rank investigation requirement. Another 1 judgment on this section is set out below. They run from 2010 to 2022.
How do I find court cases under Section 78 of the Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 78, section 78 IT Act, section 78 of the Information Technology Act. People searching for it also type it act 78 malayalam and income tax act 78 4. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sri Poornesh @ Supradeep v. State of Karnataka (30 Jun 2022).
When did Section 78 of the Information Technology Act come into force?
Section 78 of the Information Technology Act, cited as IT Act 78, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1304 words
- 87. Power of Central Government to make rules877 words
- 43. Penalty and compensation for damage to computer, computer system, etc506 words
- 46. Power to adjudicate370 words
- 89. Power of Controller to make regulations345 words
- 70B. Indian Computer Emergency Response Team to serve as national agency for incident response326 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.