Section 105A CrPC: Definitions – Code of Criminal Procedure

This section defines certain terms used in the Code of Criminal Procedure, 1973. It is crucial for understanding the various aspects of the criminal justice system.

1. State the Code:

The relevant section is: Section 105A of the Code of Criminal Procedure, 1973.

2. Explain it:

Section 105A defines the following terms:

• “Designated Court”: This refers to a court specified by the Central Government to deal with offences related to cybercrime.
• “Cybercrime”: It encompasses any offence that is committed through the use of a computer or communication network, including:
  • Hacking
  • Data theft
  • Cyberstalking
  • Cyberterrorism
• “Cybercafé”: This refers to a place where computers are provided for public use, typically for accessing the internet.
• “Electronic evidence”: This includes any information stored or transmitted in electronic form, such as emails, chat logs, digital photos, and website data.

3. Illustrate it:

Let’s say a person is arrested for hacking into a government website and stealing sensitive data. In this case, the designated court would be responsible for hearing the case, as it involves cybercrime. The prosecution would present evidence, including electronic evidence, to prove the accused’s guilt. The court would then determine the sentence based on the evidence presented.

4. Common Question & Answers:

Q: What is the significance of Section 105A CrPC?

A: This section provides a framework for addressing cybercrime in India. It establishes specialized courts and defines key terms related to cybercrime, enabling efficient investigation and prosecution of such offences.

Q: Is it mandatory for all cybercrime cases to be heard in a designated court?

A: While it is preferred, it is not mandatory. However, the designated court is best equipped to handle cybercrime cases due to its expertise and resources.

Q: What types of evidence can be presented in a cybercrime case?

A: Electronic evidence, such as digital footprints, logs, and online communications, plays a significant role in cybercrime cases. The court considers such evidence to determine guilt or innocence.