Cyber Appellate Tribunal

Cyber Appellate Tribunal

Cyber Appellate Tribunal was established under the Information Technology Act, 2000. It is not governed by the Code of Civil Laws but is guided by the principle of Natural Justice. It has the same power as a Civil Court. The Cyber Appellate Tribunal has powers to regulate its own procedure including the place at which it has its sittings. Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code
and the Cyber.

Procedure and powers of the Cyber Appellate Tribunal (Section 58)

1. The Code of Civil Procedure, 1908 does not bind the Cyber Appellate Tribunal. However, the principles of natural justice govern it.The Tribunal has powers to regulate its own procedure.
2. In order to discharge its functions efficiently, the Tribunal has the same powers as vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in the following matters:
a. Calling and binding the attendance of any person and examining him on oath;
b. Ensuring the availability of the required documents or electronic records
c. Receiving evidence on affidavits
d. Issuing commissions for examining witnesses or documents
e. Reviewing its decisions
f. Dismissing an application for default or deciding it ex-parte, etc.

(Section 61)

If the IT Act, 2000 empowers the Cyber Appellate Tribunal for certain matters, then no Civil Court can entertain any suit or proceedings for the same.Further, no court can grant an injunction on any action that a person takes in execution of any power that the Act bestow upon him.

(Section 62)

If a person is not satisfied with the order of the Tribunal, he can file an appeal with the High Court. He must do so within 60 days of receiving the communication of the order from the Tribunal.The appeal can be on any fact or law arising out of such an order. The High Court can extend the period by another 60 days if it feels that the appellant had sufficient reasons for the delay.

Compounding of contraventions (Section 63)

1. The Controller or any other officer that he or the adjudicating authorizes may compound any contravention. Compounding is possible either before or after the institution of adjudication proceedings. This is subject to the conditions that the controller or such other officer or the adjudicating officer specifies.
2. Nothing in sub-section (1) applies to a person who commits the same or similar contravention within a period of three years from the date on which his first contravention was compounded.
3. Once a contravention is compounded under sub-section (1), then no proceeding is possible against the person guilty of the compounded contravention.

 

Article By-Ashi Kaim

Editing By- Jasleen Kaur

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