CYBERCRIMES (PROHIBITION, PREVENTION, ETC) AMENDMENT ACT, 2024
Section 45: Power to arrest, search and seizure
1 A law enforcement officer may apply ex parte to a Judge in Chambers for the issuance of a warrant for the purpose of obtaining electronic evidence in related crime investigation.
2 The Judge may issue a warrant authorizing a law enforcement officer to-
a enter and search any premises or place if, within those premises, place or conveyance-
(i) an offence under this Act is being committed, or
(ii) there is evidence of the commission of an offence under this Act, or
(iii) there is an urgent need to prevent the commission of an offence under this Act;
b search any person or conveyance found on any premises or place which such authorized officers who are empowered to enter and search under paragraph (a) of this subsection;
c stop, board and search any conveyance where there is evidence of the commission of an offence under this Act;
d seize, remove and detain anything which is, or contains, evidence of the commission of an offence under this Act;
e use or cause to use a computer or any device to search any data contained in or available to any computer system or computer network;
f use any technology to decode or decrypt any coded or encrypted data contained in a computer into readable text or comprehensible format; or
g require any person having charge of or otherwise concerned with the operation of any computer or electronic device in connection with an offence under this Act to produce such computer or electronic device.
3 The court shall issue a warrant under subsection (2) of this section where it is satisfied that-
a the warrant is sought to prevent the commission of an offence under this Act or to prevent the interference with investigative process under this Act;
b be warrant is for the purpose of investigating cybercrime, cyber security breach, computer related offences or obtaining electronic evidence;
c there are reasonable grounds for believing that the person or material on the premises or conveyance may be relevant to the cybercrime or computer related offences under investigation; or
d the person named in the warrant is preparing to commit an offence under this Act.
Cite this section
Section 45, CYBERCRIMES (PROHIBITION, PREVENTION, ETC) AMENDMENT ACT, 2024 (2024).
https://repo.podus.ai/laws/cybercrimes-prohibition-prevention-etc-amendment-act-2024/section/45/