Power of police officer and other officers to enter, search, etc
Section 80 of the Information Technology Act, 2000 deals with power of police officer and other officers to enter, search, etc. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer, not below the rank of a [Inspector], or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and sea The Act came into force on 17 Oct 2000.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer, not below the rank of a 1 [Inspector], or any other officer of the Central Government or a State Government authorised 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.
Explanation. -- For the purposes of this sub-section, the expression "public place" includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public.
(2) Where any person is arrested under sub-section (1) by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officer-in-charge of a police station.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, subject to the provisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made under this section.
Section 80, 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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Jayanta Kumar Das v. State of Odisha
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2025-08-22 (order-12.pdf; Chittaranjan Dash J.; body "Date of Judgment: 22.08.2025" matches order index): On challenge that only CID Cyber Crime PS could investigate IT Act offences (Kumbharpada PS Case No.27/2019 under IPC 465/469/500 r/w IT Act s.66C), held: ss.78 and 80 of the IT Act, read together, create a rank-based (not territorial) competence rule — an officer not below Inspector may investigate (s.78) and may enter/search/arrest without warrant in a public place for IT Act offences (s.80). The Act does not divest general police stations; Odisha 2017 notification’s “exclusive jurisdiction” must be read with its “concurrent jurisdiction all over the State” clause and the 2021 district Cyber Crime PS notification. Investigation by Inspector-in-Charge of Kumbharpada PS satisfied s.78; jurisdictional quash under s.482 CrPC dismissed. Trial defences on electronic evidence left open.
On this section: s.80 Power of police officer and other officers to enter, search, etc. — Inspector-rank (or authorised) officers may enter public places and search/arrest without warrant for IT Act offences; together with s.78 confirms rank-based concurrent competence of local PS Inspectors.
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 80
What have the courts held on Section 80 of the Information Technology Act?
Jayanta Kumar Das v. State of Odisha (22 Aug 2025) is the leading judgment on this section among those set out below: s.80 Power of police officer and other officers to enter, search, etc. — Inspector-rank (or authorised) officers may enter public places and search/arrest without warrant for IT Act offences; together with s.78 confirms rank-based concurrent competence of local PS Inspectors.
How do I find court cases under Section 80 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 80, section 80 IT Act, section 80 of the Information Technology Act. People searching for it also type it act 80c. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jayanta Kumar Das v. State of Odisha (22 Aug 2025).
When did Section 80 of the Information Technology Act come into force?
Section 80 of the Information Technology Act, cited as IT Act 80, 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.