Part V

Amendment of The Code of Criminal Procedure, 1973 (2 of 1974)

Inserted vide ITAA 2006

  
    In the Code of Criminal Procedure 1973 -  
(a) Insertion of new section 198B:

Prosecution of offences under sections 417A,419A and 502A of Indian Penal Code

 after section 198A, the following section shall be inserted, namely:-

198B: No Court shall take cognizance of an offence punishable under sections 417A, 419A and 502 A of the Indian Penal Code, except upon a complaint made by the person aggrieved by the offence.

  
(b) Amendment of section 320 (i) in sub-section (1), in the table after the entries relating to--

(A) sections 352, 355 and 358, the following entries shall be inserted, namely

1 2 3
Identity Theft 417A

The person against whom       the offence was committed

 

(B) section 502, the following entries shall be inserted, namely:-

 

1 2 3
Violation of Privacy 502A

The person against whom       the offence was committed
 

 (ii) in subsection (2), in the Table, after the entries relating to section 419, the following entries shall be inserted, namely:-

 

1 2 3
Cheating by personation by using computer resource 419A

The person against whom       the offence was committed

(iii) in the First schedule, under the heading "Offences Under The Indian Penal Code"-

(A) after the entries relating to section 417, the following entries shall be inserted, namely:-

 

1 2 3 4 5 6
417A Identity Theft Imprisonment for 2 years and fine Non Cognizable Bailable

Any Magistrate

(B) after the entries relating to section 419, the following entries shall be inserted, namely:-

 

1 2 3 4 5 6
419A Cheating by personation by using computer resource Imprisonment for 5 years and fine Cognizable Bailable

Any Magistrate

(C) after the entries relating to section 502, the following entries shall be inserted, namely:-

 

1 2 3 4 5 6
502 A Violation of Privacy Imprisonment for 2 years and fine or both Non Cognizable Bailable

Any Magistrate
 

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