CYBER LAW ASSIGNMENT

TOPIC:-
FAILURE TO FURNISH INFORMATION AND CYBER
APPELLATE TRIBUNAL WORKING AND
COMPOSITION

SUBMITTED TO :- SUBMITTED BY:-

SUDHANSHU CHANDRA SIR PRATHAM YADAV

16/ILB/022

1|Page
HISTORY:-
The Information Technology Act, 2000 which came into force on 17 th,October 2000 was enacted to
provide legal recognition for transactions carried out by means of electronic data inter change and
other means of electronic communication, commonly referred to as “electronic commerce” which
involve the use of alternatives to paper based methods of communication and storage of information,
to facilitate electronic filing of documents with the Government Agencies and to amend the Indian
Penal Code, the Indian Evidence Act, 1872, the Bankers Book of Evidence Act,1891 and the Reserve
Bank of India Act, 1934 and also for matters connected therewith or incidental thereto. The first and
the only Cyber Appellate Tribunal in the country has been established by the Central Government in
accordance with the provisions contained under Section 48(1) of the Information Technology Act,
2000. The Tribunal initially known as the Cyber Regulations Appellate Tribunal(CRAT). After
amendment of the IT Act in the year 2008 (Which came into effect on 27.10.2009) is known as the
Cyber Appellate Tribunal (CyAT).

INTRODUCTION:-
The Information Technology Act, 2000 also provides for the establishment of the Cyber Appellate
Tribunal. In this project, we will look at the establishment, composition, jurisdiction, powers, and
procedures if a Cyber Appellate Tribunal.

Cyber Appellate Tribunal has been established under the Information Technology Act under the aegis
of Controller of Certifying Authorities (C.C.A.). The first and the only Cyber Appellate Tribunal in
the country have been established by the Central Government in accordance with the provisions
contained under Section 48(1) of the Information Technology Act, 2000. The Tribunal initially known
as the Cyber Regulations Appellate Tribunal (C.R.A.T.) started functioning from October, 2006.

ROLES:-
Well, after discussing about Cyber Appellate Tribunal, now we will discuss about their roles and
powers, which it performs very well.

Let us take a look:

1. The powers of Cyber Appellate Tribunal are same as Supreme Court under the code of civil
procedure, 1908. However, it shall be guided for the principle of natural justice.

2. The Cyber Appellate Tribunal is required to regulate their own procedure and perform according to
their regulations.

3. When tribunal trying a suit, it discharges its functions as the same as civil court under the code of
civil procedure, 1908. The functions are performed in respect of following matters:

(a) Send summon to the defendant and enforce the person to present in a court within short period of
time.

(b) Getting evidence on affidavits.

2|Page
(c) Tribunal is required for production and discovery of essential documents or electronic records.

(d) Reviewing their decisions and reconcile their mistake, if they find.

(e) Required for holding commission for the examination of witness documents.

(f) Dismissing the matter, if they find default in respect of ex-parte.

(g) For any other matter.

(4) Tribunal is required to prevent criminal frauds and crimes, and taking immediate steps in respect
of cyber issues.

If any person does not satisfy from the order of Cyber Appellate Tribunal, then he can file an appeal
in High court within a 60 days from the date when order was passed by tribunal to him on any matter
of law arising in court. On the other hand, if court is satisfied from the decision of tribunal, then they
will not move towards another decision. However, if court is also not satisfied from tribunal decision,
and then they will take essential steps and pass the right decree or judgement.

Appellant is required to file the appeal within sixty days and if they didn’t file within the limitation
period then their appeal will not be continued to next step. However, if court finds a sufficient cause
in the appeal, then it will not prevent the next step.

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 –

a. He has the qualification of the Judge of a High Court

b. 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.

3|Page
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:

a. 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

b. he holds office till the appointment of a successor, OR

c. until the expiry of his office; whichever is earlier.

2. In case of proven misbehaviour 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

3. 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.

4. The Central Government can regulate the procedure for the CAT is making efforts to discharge
their responsibilities with the existing manpower and steps have been initiate
5. d to recruit additional manpower for its effective functioning. The efficacy of the CAT is being
improved by creating necessary awareness in the public & the authorities and with efforts to
deploy adequate manpower. Since the computerized environment is more process based than
personalized, it is hence necessary to have an identification strategy to ascertain the integrity,
confidentiality and authentication of communication channels and processes of misbehaviour 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)

1. 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.

2. No appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating
officer with the consent of the parties.

3. 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

4|Page
 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.

4. 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.

5. 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.

6. 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.

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:

a. Summoning and enforcing the attendance of any person and examining him under 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.

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.

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.

5|Page
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.

Penalties, Compensation and Adjudication sections

 Section 43 – Penalty and Compensation for damage to computer, computer system

If any person without permission of the owner or any other person who is in-charge of a
computer, computer system or computer network –

o Accesses or secures access to such computer, computer system or computer network

or computer resource

6|Page
 o Downloads, copies or extracts any data, computer data, computer database or
information from such computer, computer system or computer network including
information or data held or stored in any removable storage medium;

o Introduces or causes to be introduced any computer contaminant or computer virus

into any computer, computer system or computer network-

o Damages or causes to be damaged any computer, computer system or computer

network, data, computer database, or any other programmes residing in such
computer, computer system or computer network-

o Disrupts or causes disruption of any computer, computer system, or computer

network;

o Denies or causes the denial of access to any person authorised to access any
computer, computer system or computer network by any means

o Charges the services availed of by a person to the account of another person by

tampering with or manipulating any computer of a computer, computer system or
computer network-

o Provides any assistance to any person to facilitate access to a computer, computer

system or computer network in contravention of the provisions of this Act, rules or
regulations made there under,

o Charges the services availed of by a person to the account of another person by

tampering with or manipulating any computer, computer system, or computer
network,

o Destroys, deletes or alters any information residing in a computer resource or

diminishes its value or utility or affects it injuriously by any means,

o Steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or
alter any computer source code used for a computer resource with an intention to
cause damage,he shall be liable to pay damages by way of compensation to the
person so affected.

 Section 43A – Compensation for failure to protect data Where a body corporate,

possessing, dealing or handling any sensitive personal data or information in a computer
resource which it owns, controls or operates, is negligent in implementing and maintaining
reasonable security practices and procedures and thereby causes wrongful loss or wrongful
gain to any person, such body corporate shall be liable to pay damages by way of
compensation, not exceeding five crore rupees, to the person so affected.

 Section 44 – Penalty for failure to furnish information or return, etc. If any person who is
required under this Act or any rules or regulations made there under to –

o Furnish any document, return or report to the Controller or the Certifying Authority,
fails to furnish the same, he shall be liable to a penalty not exceeding one lakh and
fifty thousand rupees for each such failure;

7|Page
 o File any return or furnish any information, books or other documents within the time
specified therefore in the regulations, fails to file return or furnish the same within the
time specified therefore in the regulations, he shall be liable to a penalty not
exceeding five thousand rupees for every day during which such failure continues:

o Maintain books of account or records, fails to maintain the same, he shall be liable to
a penalty not exceeding ten thousand rupees for every day during which the failure
continues.

Case laws:-
1. Pune Citibank MphasiS Call Center Fraud

Some ex-employees of BPO arm of MPhasiS Ltd MsourcE defrauded US Customers of Citibank to
the tune of Rs 1.5 crore. It was one of those cyber crime cases that raised concerns of many kinds
including the role of "Data Protection".

The crime was obviously committed using "Unauthorized Access" to the "Electronic Account Space"
of the customers. It is therefore firmly within the domain of "Cyber Crimes".

ITA-2000 is versatile enough to accommodate the aspects of crime not covered by ITA-2000 but
covered by other statutes since any IPC offence committed with the use of "Electronic Documents"
can be considered as a crime with the use of a "Written Documents". "Cheating", "Conspiracy",
"Breach of Trust", etc. are therefore applicable in the above case in addition to the section in ITA-
2000.

Under ITA-2000 the offence is recognized both under Section 66 and Section 43. Accordingly, the
persons involved are liable for imprisonment and fine as well as a liability to pay damages to the
victims to the maximum extent of Rs 1 crore per victim for which the "Adjudication Process" can be
invoked.

2. Section 43:- Poona Auto Anillaries Pvt. Ltd., Pune Versus Punjab National Bank, HO
New Delhi & Others

Summary: In 2013, in one of the largest compensation awarded in legal adjudication of a cyber crime
dispute, Maharashtra’s IT secretary Rajesh Aggarwal had ordered PNB to pay Rs 45 lakh to the
Complainant Manmohan Singh Matharu, MD of Pune-based firm Poona Auto Ancillaries. A fraudster
had transferred Rs 80.10 lakh from Matharu’s account in PNB, Pune after Matharu responded to a
phishing email. Complainant was asked to share the liability since he responded to the phishing mail
but the Bank was found negligent due to lack of proper security checks against fraud accounts opened
to defraud the Complainant.

3. BPO Fraud:-

In another incident involving MphasiS, India, four call centre employees gained the PIN codes, from
four of the MphasiS’s client, Citi Group, in spite of not being authorized to do so. Various accounts
were opened in Indian banks, under false names and within two months, they managed to transfer
money to these accounts from Citigroup customers accounts using their PINs and other personal
information.

8|Page
This cyber fraud case occurred in December 2004, but it wasn’t until April 2005 that the Indian police
were able to identify the individuals to make an arrest. It was made possible with a tip provided by a
U.S. bank when the accused tried to withdraw cash from these fake accounts. From the $426,000 that
was stolen, only $230,000 were recovered.

The accused were charged under Section 43(a), unauthorized access involved to carry transactions.

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. CAT is making efforts to discharge their responsibilities with the existing
manpower and steps have been initiated to recruit additional manpower for its effective functioning.
The efficacy of the CAT is being improved by creating necessary awareness in the public & the
authorities and with efforts to deploy adequate manpower. Since the computerized environment is
more process based than personalized, it is hence necessary to have an identification strategy to
ascertain the integrity, confidentiality and authentication of communication channels and processes.

9|Page
REFERENCE:-

1.Textbook on Cyber Law in India- Pavan Duggal

2.Information Technology Law and Practice-Vakul Sharma

3.Lectures on Cyber Laws – Prof. Dr. Rega Surya Rao

4. https://meity.gov.in/content/ministry-law-justice-and-company-affairs-
legislative-department-0

5. http://www.cyberforensics.in/law/chapter10.aspx

6.https://www.toppr.com/guides/business-laws-cs/cyber-laws/cyber-
appellate-tribunal/ ROLL
NO:-16/ILB/022

10 | P a g e