The blatant misuse of penal provision by the law enforcement agencies due to ignorance of law is not new. The same is true with technical legislations like Information Technology Act, 2000. As per the mandate of the IT Act, 2000, the offences under such Act has to be investigated by the police officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police where police commissioner-ate system is in force. Despite the investigation being given in the hands of superior officer, there have been instances where the IT Act, 2000 should have been invoked in crime situation, where it has been not been invoked and there are some cases where it has been invoked where it should not be. One such case was investigated by Delhi Police in which the provision of Section 67 Information Technology Act was wrongly added by misinterpreting the said section and subsequently the innocent person was arrested and sent to Tihar Jail for the offence which he never committed.
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