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CYBER APPELLATE TRIBUNAL IN INDIA
BY-SIMRAN NANGIA
The Information Act 2000 has established the Cyber Appellant Tribunal. As the name suggests the tribunal has appellant jurisdiction only. Thus it has authority to exercise its appellant jurisdiction over both on facts as also in law over a decision or order passed by the Controller of Certifying Authorities or the adjudicating officer. In other words it has the statutory authority to examine the correctness, legality or propriety of the decision or order passed.
CYBER APPELLATE TRIBUNAL COMPRISES OF-
CHAPTER X Section 49 of the IT Act 2000[1] states composition of Cyber Appellate Tribunal. It shall consist of a Chairperson and such number of other members as the Central Government may notify.
ELIGIBILITY OF THE CHAIRPERSON
A person shall not be qualified for appointment as a chairperson of a cyber appellate tribunal unless he is, or has been, or is qualified to be, judge of the high court.
A person on his selection as a chairperson of the cyber appellate tribunal shall have to retire from service before joining.
TERM OF OFFICE
Section 51 (1) provides a five year term for the Chairperson or Member of the Cyber Appellate Tribunal. The term states from the date on which he enters upon his office. It will last for five years or until he attains the age of 65 years, whichever is earlier.
POWERS OF CYBER APPELLATE COURT
Section 58(2) of IT act, 2000 states power of cyber appellate courts-
- Summoning and enforcing the attendance of any person and examining him on oath;
- Requiring the discovery and production of documents or other electronic records;
- Receiving evidence on affidavits;
- Issuing commissions for the examination of witness or documents;
- Reviewing its decisions;
- Dismissing an application for default or deciding it ex parte;
- Any other matter, which may be prescribed.
APPEAL TO CYBER APPEALLATE TRIBUNAL
Section 57 of Information Technology act, 2000 states about how to appeal and in what cases can file an appeal before cyber appellate courts-
- Appeal to Appellate Tribunal–(1) Save as provided in sub-section (2), any person aggrieved by an order made by controller or an adjudicating officer under this Act may prefer an appeal to a Appellate Tribunal having jurisdiction in the matter.
(2) No appeal shall lie to the Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties.
(3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Controller or the adjudicating officer is received by the person aggrieved and it shall be in such form and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period.
(4) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against.
(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned Controller or adjudicating officer.
(6) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.
CONCLUSION
Cyber world is entirely different from the real existing world but it has the capacity to engage crimes that happen in the real world. The Cyber Appellant Tribunal so established to stop cyber crimes and punish those who are part of it. The efficacy of the Cyber Appellant Tribunal can be improved by creating necessary awareness in the public & the authorities and with efforts to deploy adequate manpower. It is important to enhance technological ability to deal with any situation that will come across. It is necessary to maintain integrity, confidentiality and authentication of communication channels and processes. For certain types of crimes there lies a requirement of certain kinds of courts for faster decision. Following the procedure of natural justice and not C.P.C, decision is expected faster.
[1] [49. [Composition of Cyber Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017),
- 169 (w.e.f. 26-5-2017).
Cyber Appellate Tribunal is one of the best steps taken to lessen the burden of courts as it specifically deals with cyber crime cases. The article provides us with all the information such as composition and powers of tribunal necessary in understanding the working of tribunal. The article even elaborates as to how one can appeal which is the main highlight of this article.
Cyber appellate tribunals helped in lessening the burnden of the courts and through this article it is clear that what the cyber appellate tribunals do.
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The creation of cyber appellate tribunal has been very helpful in solving cyber crimes. A very good initiative
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Cyber appellate is one of the good solution in solving the cases of cyber crime.
Appeal is an right of the person who is aggrieved with the decision of a inferior court. But there may be some changes to jurisdiction of the court as to what cases can be maintained and what not this applies from act to act differently. Therefore it is important to know what jurisdiction is important in the cases here. Research done here is good although cases should be added here so that it can be better understood that what the courts think about the jurisdiction.