13.12.16(MISCELLANEOUS)

Some of the important miscellaneous provisions are summarised as under.

Section 80 enumerates the power of police officer and other officers to enter any public place and search and assist without warrant any person found therein who is reasonably suspected of having committed or of committing or of being about to commit any offence under this Act.

Section 81 declares that this Act shall have overriding effect, i.e., it shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Section 82 declares that Controller, Deputy Controller, Assistant Controllers shall be public servants within the meaning of s. 21 of the Indian Penal Code.

Section 83 empowers the Central Government to give directions to any State Government as to the carrying into execution in the State of any of the provision of this Act, or of any rule, regulation or order made thereunder.

Section 84 provides for protection of action taken in good faith. Accordingly no suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Controller, the Presiding officer, adjudicating officer and the staff of the Cyber Appellate Tribunal for anything which is in good faith done or intended to be done in pussuance of the Act, or rule, regulations or orders

made thereunder.

Section 85 makes a specific provision in the case of companies. Accordingly where a committing a contravention of any of the provisions of this Act or Person  rule, etc., is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be guilty of the contravention and shall be. liable to be proceeded against and punished accordingly. However, he shall not be liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

Further, if a contravention of any of the provisions of the Act or rule, etc., has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any directo4, manager, secretary or other officer of the company, then he shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

For the purpose of this section, “Company” means any body corporate and inchudes a firm or other association of individuals; and “director” in relation to a firm, means a partner in the firm.

Section 86 empower the Central Government to make provisions when any difficulty arises in giving effect to the provision of the Act.

Section 87 empowers the Central Government to make rules under the Act.

section 88 provides for constitution of the Cyber Regulation Advisory committee. It shall consist of a chairperson and such number of other official and non-official members representing the interests principally affected or having special knowledge of the subject-matter as the Central Government may deem fit. The Committee shall advise: (a) the Central Government either generally as regards any rules or for any other purpose connected with this Act; (b) the Controller in framing the regulations under this Act.

Section 89 empowers the Controller to make regulations under the Act.

Section 90 empowers the State Government to make rules. Sections 9l-94 provide for the amendment of the Indian Penal Code1860,the lndian Evidence Act 1872, the Bankers’ Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934.