Section 28: Power to investigate contraventions

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2000

Legal Commentary & Landmark Judgments: Section 28

Section 28 equips the Controller and authorized officers with extensive powers of investigation to uncover contraventions of the Act, rules, or regulations, vesting them with the powers of a Civil Court in respect of discovery, inspection, and witness summoning.

  • Quasi-Judicial Discovery Powers: Vests the Controller with powers of a Civil Court under the CPC to summon and enforce attendance, examine persons on oath, and compel document production.
  • Requisition of Technical Records: Empowers investigating officers to inspect cryptographic hardware, access server logs, and demand unencrypted source material from Certifying Authorities.
  • Immunity for Official Inquiries: Protects investigating officers performing official functions in good faith from frivolous vexatious litigation under Section 84.
Key Landmark Precedents:
  • Rohtas Industries Ltd. v. S.D. Agarwal (1969) 1 SCC 325: Supreme Court held that statutory powers of investigation must be exercised based on reasonable belief and tangible material, prohibiting fishing inquiries.
  • Barium Chemicals Ltd. v. Company Law Board AIR 1967 SC 295: Constitution Bench held that the subjective satisfaction of an investigating authority regarding the necessity of an inquiry is subject to judicial review for perversity.
  • CCI v. Steel Authority of India Ltd. (2010) 10 SCC 744: Supreme Court affirmed that statutory investigation stages are administrative inquiries designed to gather information without pre-judging guilt.
Courtroom Practice & Strategic Litigation Guidance:

Respondents summoned under Section 28 must provide verified documentary records but may claim legal privilege or raise trade secret protections over proprietary cryptographic algorithms not required for regulatory compliance.