Prevention of Electronic Crimes Act, 2016 — Section 36: Dealing with seized data or information system

36. Dealing with seized data or information system.— (1) If any data or information system has been seized or secured following a search or seizure under this Act, the authorized officer who undertook the search or seizure shall, at the time of the seizure,

(a)make a list of what has been seized or rendered inaccessible, with the date and time of seizure; and

(b)give a copy of that list to,

(i)the occupier of the premises; or

(ii)the owner of the data or information system; or

(iii)the person from whose possession the data or information system has been seized, in a prescribed manner in the presence of two witnesses.

(2)The authorized officer, upon an application of the owner of the data or information system or an authorized agent of the owner and on payment of prescribed costs, shall provide forensic image of the data or information system to the owner or his authorized agent within a time prescribed under this Act.

(3)If the authorized officer has reasons to believe that providing forensic image of the data or information system to the owner under sub-section (2) may prejudice,

(a)the investigation in connection with which the search was carried out; or

(b)another ongoing investigation; or

(c)any criminal proceedings that are pending or that may be brought in relation to any of those investigations, the authorized officer shall, within seven days of receipt of the application under sub-section (2), approach the Court for seeking an order not to provide copy of the seized data or information system.

(4)The Court, upon receipt of an application from an authorized officer under sub-section (3), may after recording reasons in writing pass such order as deemed appropriate in the circumstances of the case.

(5)The costs associated with the exercise of rights under this section shall be borne by the person exercising these rights.