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APPELLATE AUTHORITIES

The document outlines the establishment and functioning of the Cyber Appellate Tribunal, including the appointment and qualifications of the Presiding Officer, the procedures for appeals, and the Tribunal's powers. It also details the rights of appellants, the limitation periods for appeals, and the implications of contraventions under the IT Act. The conclusion emphasizes the need for the Tribunal to be active and effective in addressing cybercrime and electronic transactions, highlighting ongoing issues with its inactivity since 2011.

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18 views

APPELLATE AUTHORITIES

The document outlines the establishment and functioning of the Cyber Appellate Tribunal, including the appointment and qualifications of the Presiding Officer, the procedures for appeals, and the Tribunal's powers. It also details the rights of appellants, the limitation periods for appeals, and the implications of contraventions under the IT Act. The conclusion emphasizes the need for the Tribunal to be active and effective in addressing cybercrime and electronic transactions, highlighting ongoing issues with its inactivity since 2011.

Uploaded by

prachic735
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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APPELLATE AUTHORITIES

Establishment of Cyber Appellate Tribunal (Section 48)


1.The Central Government notifies and establishes appellate tribunals called Cyber Regulations Appellate Tribunal.
2.The Central Government also specifies in the notification all the matters and places which fall under the jurisdiction
of the Tribunal.

The composition of Cyber Appellant Tribunal (Section 49)


The Central Government appoints only one person in a Tribunal – the Presiding Officer of the Cyber Appellate
Tribunal.

The qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal (Section 50)
A person is considered qualified for the appointment as the Presiding Officer of a Tribunal if –
3.He has the qualification of the Judge of a High Court
4.He is or was the member of the Indian Legal Service and holds or has held a post in Grade I of that service for at least
three years.

The Term of Office (Section 51)


The Term of Office of the Presiding Officer of a Cyber Appellate Tribunal is five years from the date of entering the
office or until he attains the age of 65 years, whichever is earlier.

Filling up of vacancies (Section 53)


If for any reason other than temporary absence, there is a vacancy in the Tribunal, then the Central Government hires
another person in accordance with the Act to fill the vacancy. Further, the proceedings continue before the Tribunal
from the stage at which the vacancy is filled.
Resignation and removal (Section 54)
1.The Presiding Officer can resign from his office after submitting a notice in writing to the Central Government, provided:
1. he holds office until the expiry of three months from the date the Central Government receives such notice (unless the Government permits him to relinquish his
office sooner), OR
2. he holds office till the appointment of a successor, OR
3. until the expiry of his office; whichever is earlier.
2.In case of proven misbehavior or incapacity, the Central Government can pass an order to remove the Presiding Officer of the Cyber Appellate Tribunal. However, this is
only after the Judge of the Supreme Court conducts an inquiry where the Presiding Officer is aware of the charges against him and has a reasonable opportunity to defend
himself.
3.The Central Government can regulate the procedure for the investigation of misbehavior or incapacity of the Presiding Officer.

Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings (Section 55)
According to this section, no order of the Central Government appointing any person as the Presiding Officer of the Tribunal can be questioned in any manner. Further, no one
can question any proceeding before a Cyber Appellate Tribunal in any manner merely on the grounds of any defect in the Constitution of the Tribunal.

Appeal to Cyber Appellate Tribunal (Section 57)


4.Subject to the provisions of sub-section (2), a person not satisfied with the Controller or Adjudicating Officer’s order can appeal to the Cyber Appellate Tribunal having
jurisdiction in the matter.
5.No appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating officer with the
consent of the parties.
6.The person filing the appeal must do so within 25 days from the date of receipt of the order from the Controller or Adjudicating Officer. Further, he must accompany the
appeal with the prescribed fees. However, if the Tribunal is satisfied with the reasons behind the delay of filing the appeal, then it may entertain it even after the expiry of 25
days.
7.On receiving an appeal under sub-section (1), the Tribunal gives an opportunity to all the parties to the appeal to state their points, before passing the order.
8.The Cyber Appellate Tribunal sends a copy of every order made to all the parties to the appeal and the concerned Controller or adjudicating officer.
9.The Tribunal tries to expeditiously deal with the appeals received under sub-section (1). It also tries to dispose of the appeal finally within six months of receiving it.

In Chappan v/s Moidin Kutti, It was claimed that the presence of a superior and interior court relationship, as well as the capacity of the former to review two judgments of
the latter, are two requirements for appellant jurisdiction.
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 guide it
and it is subject to other provisions of the Act. 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:
1. Summoning and enforcing the attendance of any person and examining him under oath
2. Ensuring the availability of the required documents or electronic records
3. Receiving evidence on affidavits
4. Issuing commissions for examining witnesses or documents
5. Reviewing its decisions
6. Dismissing an application for default or deciding it ex-parte, etc.

3.Every proceeding before the Cyber Appellate Tribunal is like a judicial proceeding within the meaning of sections 193 and 228 and
for the purposes of section 196 of the Indian Penal Code. Further, the Tribunal is like a Civil Court for the purposes of section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973.

Clause (3) Section 58 states that any proceeding before the Cyber Appellate Tribunal is deemed to be a judicial proceeding for the
purposes of Sections 193 and 228 of the Indian Penal Code, and the Cyber Appellate Tribunal is deemed to be a civil court for the
purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

In Union of India v. T. R. Verma, It is claimed that it is established law that courts must observe the law of natural justice, which
states that a party must be given the chance to present any relevant evidence on which he relies. Evidence should be taken in the
presence of the parties, and cross-questioning should be allowed.
Right to Legal Representation (Section 59)
The appellant can either appear in person or authorize one or more legal practitioners to present his case
before the tribunal.

Limitation (Section 60)


The provisions of the Limitation Act, 1963, apply to the appeals made to the Tribunal.

Civil Court not to have jurisdiction (Section 61)


If the IT Act, 2000 empowers the adjudicating officer or 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 pursuance of any power
that the Act confers upon him.

Appeal to High Court (Section 62)


Let’s say that a person is not satisfied with the decision or order of the Tribunal. In such cases, he can
file an appeal with the High Court. He must do so within 60 days of receiving the communication of the
order/decision 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 cause and 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. Provided, the sum does not exceed the maximum amount of penalty that the Act allows
for the compounded contravention.
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. Therefore, if the
person commits a second contravention after the expiry period of three years from the date on which his
first contravention was compounded, then this becomes his first contravention.
3.Once a contravention is compounded under sub-section (1), then no proceeding is possible against the
person guilty of the compounded contravention.

Recovery of Penalty (Section 64)


If a penalty imposed under this Act is not paid, then the same is recovered as arrears of land revenue.
Further, the license or digital signature certificate is suspended until the penalty is paid.
Conclusion

The purpose of enacting the I.T. Act was straightforward. The government wanted to offer and support
electronic, digital transactions while also safeguarding against all types of cybercrime. Because of the
quantity of traffic on the internet and the amount of money individuals transact through online means, it
was critical to strengthen the cyber world.

In M/s. Gujarat Petrosynthese Ltd. and Mr. Rajendra Prasad Yadav v. Union of India it sought for a
direction to the Respondent to designate a Chairperson to the Cyber Appellate Tribunal (CAT) in order
to guarantee that the tribunal’s hearings were convened on a regular basis. In court, it was said that the
department would take all necessary steps to fill the position of chairman within the time limit of six
months, and that attempts would be made to appoint the chairperson even before the time limit expired,
in the public interest. On these grounds, the petition was dismissed. Despite the above judgment, no
appointment to the cyber appellate tribunal has been made as of yet, and it has been inactive since 2011.

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