Bailability and cognizability of technology offences depend on the prescribed imprisonment threshold under the governing statutory provision. Section 77B of the Information Technology Act, 2000 overrides inconsistent criminal-procedure provisions by classifying offences according to their ... Summary
Bailability and cognizability of technology offences depend on the prescribed imprisonment threshold under the governing statutory provision.
Section 77B of the Information Technology Act, 2000 overrides inconsistent criminal-procedure provisions by classifying offences according to their prescribed imprisonment term. Offences punishable with imprisonment of three years or more are cognizable, while offences punishable with imprisonment of three years are bailable. The provision consequently attaches both cognizability and bailability to the three-year threshold.
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