8 states gives prior consent for CBI probe in cyber crime cases

New Delhi: Eight states including Andhra Pradesh, Tamil Nadu and Jharkhand have given their prior consent allowing CBI to probe hacking and other cyber crime cases under the Information Technology Act.

DoPT Secretary Sanjay Kothari
DoPT Secretary Sanjay Kothari

The Department of Personnel and Training (DoPT) has sought general consent of state governments for CBI to probe offences under the Information Technology Act, 2000.

The CBI cannot probe a crime within a state’s jurisdiction without consent from the concerned state government and Centre, as per Delhi Special Police Establishment (DSPE) Act, 1946, which governs the functioning of the agency.

Eight states-Andhra Pradesh, Himachal Pradesh, Tamil Nadu, Sikkim, Manipur, Nagaland, Mizoram and Jharkhand have given general consent under section 6 of the DSPE Act for investigation of offences under Information Technology Act to CBI, DoPT officials said.

The consent from other states is still awaited, they said.

The DoPT has convened a meeting of Principal Secretaries of states on Monday during which the issue will be discussed and they will be requested to provide general consent to enable the CBI to take up the investigation of cases registered under IT Act, 2000 as amended by IT (Amendment) Act, 2008 in their territorial jurisdiction, the officials added.

The offences under the Information Technology Act includes tampering with computer source documents, hacking with computer system and publishing of information which is obscene in electronic form.

The DoPT will also discuss with states the matter of setting up of additional special CBI courts.

Out of the 22 special CBI courts, 17 are functional. The governments of Jammu and Kashmir, Andhra Pradesh and West Bengal will be requested to expedite the process for establishment of remaining courts for trail of CBI cases. One special CBI court each is proposed to be set up in Jammu and Kashmir and Andhra Pradesh, and three in West Bengal.

These courts are in addition to 70 special courts sanctioned by the government to expedite CBI cases.