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The Centre is considering amending the Information Technology Act, 2000, to allow police officers below the rank of Inspector to investigate certain cybercrime offences, as rising case registrations place increasing pressure on specialised investigative units across the country.
A high-level government committee examining digital arrest scams has backed the proposal, citing concerns that the limited availability of eligible investigating officers could delay investigations as more cybercrime complaints are converted into formal criminal cases.
The proposed change is recorded in the minutes of a September 24 inter-departmental committee meeting, annexed to the Union Home Ministry’s fifth status report submitted to the Supreme Court on October 7.
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Centre Considers Relaxing Rank Requirement Under IT Act
Section 78 of the Information Technology Act currently requires offences under the legislation to be investigated by police officers of Inspector rank or above.
The proposed amendment would allow suitably trained officers below that rank to investigate specified offences, subject to appropriate qualifications and safeguards.
The government committee has sought information from the Indian Cyber Crime Coordination Centre (I4C), the Ministry of Home Affairs and the Ministry of Electronics and Information Technology to assess the feasibility of the change.
However, the proposal does not specify which offences would be covered or which lower-ranking officers would receive investigative powers.
The existing rank requirement was introduced through the Information Technology (Amendment) Act, 2008, which lowered the minimum rank from Deputy Superintendent of Police to Inspector. The amendment came into effect in October 2009.
The latest proposal could significantly expand the pool of officers available for cybercrime investigations, particularly in districts where specialised police personnel are limited.
However, the existing provision remains in force until Parliament amends the legislation.
Electronic FIR System Increases Pressure On Cybercrime Investigators
The proposed reform comes as the government expands its e-Zero FIR mechanism to accelerate the registration of cyber financial fraud cases.
Introduced as a pilot project in Delhi in May 2025, the initiative automatically converts eligible cybercrime complaints submitted through the national reporting portal or the 1930 helpline into electronic First Information Reports.
The initial pilot covered financial fraud complaints involving losses exceeding ₹10 lakh.
The system allows a Zero FIR to be registered irrespective of territorial jurisdiction before being transferred to the appropriate police station for further investigation.
According to the latest committee assessment, the proportion of cybercrime complaints being converted into FIRs has risen from approximately 1–2% to around 8% following the introduction of the mechanism.
Earlier government figures illustrate the scale of the challenge. In February 2026, Union Home Minister Amit Shah disclosed that more than 82 lakh cybercrime-related complaints had been registered through the national reporting portal by November 30, 2025. Around 1.84 lakh had been converted into FIRs.
Increasing case registrations could improve access to formal investigations for victims. However, without a corresponding increase in trained investigators, police units may struggle to examine digital evidence, trace financial transactions and coordinate investigations across states.
Parliamentary Panel Previously Recommended Stricter Rank Requirements
The latest proposal contrasts with an earlier recommendation by the Parliamentary Standing Committee on Home Affairs.
In an action-taken report presented in Parliament in August 2026, the committee recommended that investigations under the IT Act should be conducted by officers above the rank of Inspector.
It also emphasised the importance of specialist training in digital forensics, cyber laws, investigative techniques and incident response.
The Home Ministry informed Parliament at the time that a proposal to amend the Information Technology Act had already been forwarded to the Ministry of Electronics and Information Technology.
The two approaches highlight a difficult policy question. Raising the minimum rank could strengthen oversight, while lowering it could make more officers available to handle an increasing number of cases.
Judicial precedents have also reinforced the importance of complying with existing investigative requirements.
In Sri Poornesh alias Supradeep v. State of Karnataka, decided in June 2022, the Karnataka High Court examined the legality of an investigation conducted by an officer below the rank prescribed under Section 78.
The case demonstrates why any expansion of investigative authority must be supported by an appropriate statutory amendment rather than administrative arrangements alone.
Supreme Court Pushes Wider Reforms To Combat Digital Arrest Fraud
The proposed amendment forms part of a broader effort to strengthen India’s response to cyber-enabled financial crime.
The Supreme Court has been monitoring measures involving police agencies, banks, telecommunications companies and digital platforms through its suo motu proceedings concerning digital arrest scams.
A separate government disclosure reported in October indicated that more than 21,900 digital arrest complaints involving losses exceeding ₹647 crore had been recorded during the first eight months of 2026.
The government is also examining stronger mechanisms for identifying mule bank accounts and preventing the misuse of telecommunications services by cybercriminals.
At the same time, complaints from individuals and businesses whose bank accounts have been frozen during cybercrime investigations have increased substantially.
Government data showed that 93,041 grievances had been submitted through the relevant grievance redressal mechanism by September 30.
These figures underline the need for investigative safeguards that protect victims of fraud while preventing disproportionate restrictions on legitimate bank account holders.
The Supreme Court is scheduled to hear the digital arrest matter again on November 23. The proposed expansion of police investigative powers remains under consideration, with its final scope and safeguards yet to be determined.
What This Means For You:
The proposed amendment could eventually help police investigate cybercrime complaints more quickly, but it has not yet changed the existing law. Victims of financial cyber fraud should immediately report incidents through 1930 or cybercrime.gov.in and preserve transaction records, messages and other relevant evidence.
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