23338 evsjv‡`k †M‡RU, AwZwi³, A‡±vei 6, 2019 42. Search and seizure by warrant.If a police officer has reasons to believe that (a) any offence has been committed or is likely to be committed under this Act; or (b) any computer, computer system, computer network, datainformation related to an offence committed under this Act, or any evidence thereof has been preserved in any place or to a person, then he may, for reasons of such belief to be recorded in writing, obtain a search warrant upon an application to the Tribunal or the Chief Judicial Magistrate or the Chief Metropolitan Magistrate, as the case may be, and proceed with the following measures, namely: (i) taking possession of the data-information of traffic data under the possession of any service provider, (ii) creating obstruction, at any stage of communication, to any telegraph or electronic communication including recipient information and data-information of traffic data. 43. Search, seizure and arrest without warrant. (1) If any police officer has reasons to believe that an offence under this Act has been or is being committed, or is likely to be committed in any place, or any evidence is likely to be lost, destroyed, deleted or altered or made unavailable in any way, then he may, for reasons of such belief to be recorded in writing, proceed with the following measures, namely:  (a) to enter and search the place, and if obstructed, to take necessary measures in accordance with the Code of Criminal Procedure; (b) to seize the computer, computer system, computer network, datainformation or other materials used in committing the offence or any document supportive to prove the offence; (c) to search the body of any person present in the place; (d) to arrest any person present in the place if the person is suspected to have committed or be committing an offence under this Act. (2) After concluding search under sub-section (1), the police officer shall submit a report on such search to the Tribunal. 44. Preservation of information. (1) If the Director General, suo moto, or upon an application of the Investigation Officer, believes that it is necessary to preserve any data-information saved in a computer for the interest of an investigation under this Act, and there is possibility to damage, destroy or change the data information or to make unavailable, then he may require the person or institution in charge of the computer or computer system to preserve such datainformation up-to 90 (ninety) days. (2) The Tribunal may, upon an application, extend the time-limit of preservation of such data-information for a period which may not exceed 180 (one hundred and eighty) days in aggregate.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents