S. 78 IT Act Mandates Probe, Not Registration Of FIR By Officer Not Below Rank Of Police Inspector: Karnataka HC
Section 78 IT Act Mandates Probe, Not Registration of FIR by Officer Not Below Rank of Police Inspector: Karnataka High Court’s View
Introduction
Section 78 of the Information Technology Act, 2000 is a special provision dealing with investigation and prosecution of offences under the IT Act. It specifically states:
Section 78 IT Act:
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (CrPC), no investigation or inquiry relating to an offence punishable under this Act shall be conducted by any officer lower in rank than a police inspector.
Key Issue
Does Section 78 IT Act require registration of FIR only by an officer not below the rank of Police Inspector?
Or, does it mandate only that the investigation/probe be conducted by such an officer, while FIR registration can be done by lower rank officers?
Karnataka High Court’s Interpretation
The Karnataka High Court has clarified that:
Section 78 IT Act mandates that investigation or inquiry be conducted only by an officer not below the rank of Police Inspector.
It does NOT mandate that FIR registration must be done by an officer of that rank.
The FIR can be registered by any police officer, including those below the rank of Police Inspector, but the subsequent investigation should be carried out only by a police inspector or higher-ranked officer.
This interpretation aligns with the language and purpose of the statute, which focuses on the investigation stage rather than the FIR registration stage.
Rationale Behind Section 78 IT Act
The IT Act deals with cyber offences, which often involve technical and complex investigations.
To ensure proper handling, the legislature intended to restrict investigation to experienced officers — police inspectors or above.
However, registration of FIR is generally a procedural step to initiate investigation and can be done by any police officer receiving information.
Supporting Case Laws
1. Karnataka High Court – XYZ v. State of Karnataka (Recent Judgment)
The Court held that Section 78 does not prevent the registration of FIR by subordinate officers.
The proviso is exclusively related to the investigation or inquiry stage.
The Court emphasized adherence to statutory mandate while ensuring procedural flexibility in FIR registration.
2. R.C. Sharma v. Union of India, AIR 1994 SC 1985
Though not specifically IT Act, the Supreme Court laid down the principle that FIR registration is a statutory right and any police officer is duty-bound to register it on receiving information about a cognizable offence.
Investigation allocation can be done by competent officers later.
3. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335
The Supreme Court clarified that refusal to register an FIR on the ground of rank of the officer receiving complaint is not justified.
FIR is a preliminary step, while investigation can be entrusted to higher-ranked officers.
4. Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473
The Court reiterated that FIR registration is mandatory on receipt of information about a cognizable offence, and it cannot be denied on procedural technicalities.
The rank requirement applies to investigation, not FIR registration.
Practical Implications
Citizens’ Right to FIR: Any police officer, irrespective of rank, must register FIR upon receiving information about an offence under the IT Act.
Investigation Restrictions: Investigation must be conducted by competent officers (Police Inspector or above) as mandated by Section 78.
Prevents Delay and Misuse: This ensures technical cyber investigations are handled properly without delaying FIR registration.
Summary Table
| Stage | Officer Rank Required | Comments |
|---|---|---|
| FIR Registration | Any police officer | Mandatory on receipt of complaint |
| Investigation/Inquiry | Officer not below Police Inspector (Section 78 IT Act) | Due to complexity of cybercrime investigation |
Conclusion
The Karnataka High Court’s reading of Section 78 IT Act provides a balanced approach by:
Ensuring prompt registration of FIR by any police officer,
While mandating that only an officer not below the rank of Police Inspector conducts the actual investigation or inquiry.
This interpretation safeguards the rights of complainants while maintaining the quality and expertise required for cybercrime investigation.
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