(2) While conducting investigation under this Act the investigation officer may take help from
any expert person or any specialized organization for the sake of investigation of an offence.
42) Search and Seizure through Warrant: If any police office has reason to believe that,
a. or An offence has been committed or there is possibility of commission of an offence
under this Act, orb. Any computer, computer system, computer network, data-information relating to an
offence under this Act, or any evidence-proof thereof is being kept in some place or with
a person,
Then, he/she can after recording the reason for such belief, apply to the tribunal or as
the case may be, to the Chief Judicial Magistrate or Chief Metropolitan Magistrate to
obtain search warrant and do the below mentioned tasks :
i.
To seize any traffic data which is under possession of any service
provider,
ii.
At any level of communication create obstruction to any telegraph or
electronic communication containing recipient information and any
data traffic including data-information
43) Search, Seizure and Arrest without Warrant: (1) If a police officer has a reason to believe that an offence under this Act has been or is being or will be
committed in any place, or there is a possibility of it happening, or if there is a possibility of evidence
being lost, destroyed, deleted or altered or possibility of it being made scarce in some other way, then
the officer, upon recording the reason for his/her belief, can undertake the following tasks: a. Enter and search the said place and, if interrupted, take necessary action in accordance with the
Code of Criminal Procedure;.
b. Seize the computer, computer systems, computer network, data-information or other objects
which were used in committing the offence or documents that can aid in proving the offence that
are found in that place while conducting the search;;
c. Conduct physical search of any person present in that place;
d. Arrest anyone present in the said place if suspected of committing or having committed an
offence under this Act.
(2) ) After conducting a search under subsection (1), the police officer will submit a search report to the
Tribunal.
44) Data Preservation:(1) If the Director General on his own accord or on the basis of an application by the investigation officer
believes that, any data-information stored in a computer should be preserved for the interest of an
investigation under this Act or there is possibility that such information could be harmed,
destroyed, altered or lost e, then, he/she can order the person or institution responsible for that
computer or computer system to preserve such data-information for 90(ninety) days.
(2) Tribunal may, on application, extend the period of preservation of such data-information but it
should not be for more than a total of 180 (one hundred and eighty) days.
45) Not to Interrupt the general usage of computer: (1) The investigation officer should run the investigation in such a way that,
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