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Can hard disk of laptop be sent for cloning without court's permission
23-Mar-2023 (In Cyber Crime Law)
Hi Just wanted to enquire if the confesticated stuffs like hard disk og a laptop which is corrupt can be send by cops for cloning without the permision of the court , Also the laptop of which hard disk was send be handed over to the person without an aknowledgement of the court
Recently a law is passed by Supreme Court that the police needs to produce a seizure warrant for confiscating any person's mobile. The law relating to proper seizure of electronics like laptops and other such memory storage devices, already existed. Depends upon the type of crime and where it is being tried. If the matter is for just an investigation then police can seize devices with the permission of their seniors. Whereas if it is a judicial matter and or is a question of protecting personal data, the court may order for seizure or not to seize that device.
Indian citizens lacks awareness and the police lacks knowledge of procedure in cyber laws.
Indian citizens lacks awareness and the police lacks knowledge of procedure in cyber laws.
Helpful?
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25+
Adv. Sarnath D Sahoo
Nagpur | 25+ Answers
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Yes, the police have the authority to take confiscated stuffs like hard disk or a laptop under the head of Police Investigation Procedures.
Although police can edit, modify any details in the hardware or software.
Although police can edit, modify any details in the hardware or software.
Helpful?
15+
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Adv. Abhishek Upadhye
Mumbai | 25+ Answers
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