an alleged case of obscenity which is considered an offence under both lawsthe it act a later special law contained overriding provisions over ipc a general law the sc had held in december 2016the it act was sufficient to take care of the acts alleged against the present petitioners the lawyers had thus submittedthe offences under the it act are bailable and compoundableopen to settlement the punishment attracted is up to three years jail term however cheating under the ipc is a nonbailable offence attracting a higher punishment of up to seven years imprisonmentchaudhary argued that ipc sections were added to deprive them of bail and from case being settled which the it act permitsin view of the sc ruling the hc did not accept vehement submissions made by the prosecutor and senior counsel shirish gupte who appeared for the first informant that it was too premature to exclude investigations into the ipc offences and that a trial court could decide later which offences to proceed with gupte had argued that the petitioners were the alleged mastermind and had allegedly induced the employees to cause financial loss to the company we are of the specific opinion that it is not permissible to merely undergo the rigmarole of investigation although it is not open for the investigating officer to invoke and apply the provisions of the indian penal code in light of the specific provisions contained in the information technology act 2000 and leave it to the discretion of the police authorities to decide in which direction the investigation is to be proceed the judgment authored by justice danger statedthe act of unauthorised access to a computer system by any person or of unauthorised downloading of any such data from the computer falls within the purview of section 43 of the information technology act2000 when such act is done dishonestly and fraudulently it would attract punishment of under section 66 of the act the ingredients of dishonesty and fraudulently are the same which are present if the person is charged with section 420 of ipc the offence of section 379 theft in terms of technology is also covered under section 43 further as far as section 408 is concerned which relates to criminal breach of trust by a clerk or servant who is entrusted in such capacity with the property or with any dominion over property would also fall within the purview of section 43 would intents to cover any act of accessing a computer by a person without permission of the owner or a person in charge of computer andor stealing of any data computer database or any information from such computer or a computer system including information or data held or stored in any removable storage medium and if it is done with fraudulent and dishonest intention then it amounts to an offence the hc noted