When can Police Arrest you in Cyber crime: Explanation with Case Laws
Arrest by Police in cyber crime cases By Adv (Dr.) Prashant Mali Cyber crime is a reality but personal liberty is a fundamental human right and a cornerstone of the social structure. Arrest brings humiliation, curtails freedom and cast scars forever. Its deprivation is a matter of grave concern. The law of arrest is one of balancing individual rights, liberties and privileges,on the one hand, and individual duties, obligations and responsibilities on the other. The police officer can , without an order/warrant from a Magistrate, arrest a person in respect of a cognizable offence punishable with imprisonment exceeding 7 years without mentioning any ' special reasons '. The problem arises when it comes to arrest of a person who is accused of an offence which is punishable up to 7 years. The Hon’ble Apex Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 held; Our endeavour in this judgment is to ensure that the police officers do not arrest the accused unnecessarily an...