Chapter 10 deals with CAT section 48 – 64

Unit 3

Dispute resolution and cyber tort

Administration of justice- in the light of the provisions of the I.T.Act 2000, there emerges a clear
picture of how the grievances of those can be addressed who happen to be aggrieved by
contravention of the provisions of the act.

The entire scheme of administration of justice in case of cyber crimes will be under four heads.

1. Bar on jurisdiction – the court of first instance

2. Adjudicating officer
3. Cyber appellate tribunal
4. Appeals from the tribunal to H.C.
1. Bar on jurisdiction(section 61): the court of first instance. No court shall have jurisdiction
to entertain any suit or proceeding in respect of any matter under this act is empowered
by or under this act to determine and no jurisdiction shall be granted by any court or
any other authority.
2. Adjudicating officer: Section 46 deals with the appointment, powers and functions of
Adjudicating officer and Section 47 mention certain points that need to be taken of by
the A.O. while determining the amount of compensation to be awarded to the
aggrieved.
 Chairperson section 50 – one presiding officer appointed by the central
government.
 Qualification – basic qualification, qualified to be a judge with the consultation of
C.J.I.
 Eligibility – judge of High court, grade one officer for last 7 years (Indian legal
services)
 He should have special knowledge and professional experience in I.T,
telecommunication, management and consumer affairs – a blend of law and
information technology.
 Ability of: deciding legal issues of common understanding. Same as in other
tribunals.
 The presiding officer of C.A.T may have to resolve –
 The highly complex and technical issues of most modern technology which is
evolving every day.
 The solution lies in a multimember body, comprising of three members with one
member possessing expertise in the information technology.

Adjudicating officer: the central government has a power to appoint one or more A.O. he
should not be below the rank of Director to the Government of India or an equivalent officer of
the state government. He shall also possess such experience in the field of I.Y and legal or
judicial experience as prescribed by the central govt.
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Work: the A.O has to determine as to whether any person has committed contravention of any
of the provisions of the I.T.Act or any of the rule, regulation and direction or order made there
under- the manner in which the A.O shall conduct an inquiry will be prescribed by the central
govt.

- When more than one A.O are appointed- central govt. shall specify by order the matters
and places with respect to which such officers shall exercise their jurisdiction.

Final decision: the A.O shall not make any final decision unless the person alleged to have
contravened the provisions of the I.T.Act or has been given sufficient time or opportunity for
making representation.

- The A.O has to consider the representation of the accused.

- After considering the representation, if the A.O is conceived that the accused has
contravened any provision of the act or rule, regulation or order, he may impose a
penalty or award such compensation as he deems fit in accordance with the provisions
of the Act.

Powers of Adjudicating Officer- for discharging functions under the I.T.Act smoothly and
efficiently any A.O. shall have the same powers as are vested in the civil courts under CPC while
trying suit.

1. Summoning and enforcing the attendance of any person and examining him on oath.
2. Requiring the discovery and production of documents or other electronic record.
3. Receiving evidence on affidavits.
4. Issuing commissions.
5. Reviewing decisions.
6. Dismissing the application for default.
7. Any other matter which may be prescribed.
8. Power to award compensation.
9. Power to impose penalty.

The proceeding before the A.O shall be deemed to be judicial proceeding with in the
meaning of Section 193 and 228 of IPC and shall be deemed to be a civil court for the
purposes of Section 345 and 346 of IPC 1973 and also for the purposes of order 21 of the
CPC 1908.

Powers, functions and duties of the Registrar

 The registrar of the C.A.T is the custodian of the records of the tribunal.
 He shall exercise all the powers assigned to him under rules and by the presiding officer
of the tribunal.
 The registrar may delegate any of his functions to another officer of the tribunal.
 For such delegations the registrar has to seek the permission or approval of presiding
officer

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  The P.O may authorize in writing any other officer of the tribunal to perform and
exercise all function of the registrar in the absence of the registrar.
 The official seal of the tribunal shall be in the custody of the registrar.
 The registrar may authorize any other officer of the tribunal to affix the seal of the
tribunal on the certified copy of order of the tribunal.

Subject to any general or special order of the P.O the registrar shall have the following
powers and duties namely-

1. To receive all applications and documents.

2. To decide all questions or query before the application is registered.
3. The applications to be amended in accordance with (the tribunal) I.T.Act and rules.
4. To fix date of hearing of application and issue notices.
5. To direct- any formal amendment of records.
6. To order grant of copies of documents to parties to the proceedings.
7. To dispose of all matters, relating to the service of notices or fresh notices for extending
time.
8. To requisition records from the custody of any court.
9. To receive application for substitution of legal rep. of decreased person.
10. To receive and dispose of application for substitution.
11. To receive and dispose of application by parties for return of document.

Cyber appellate tribunal

 The I.T.Act provides for establishment of C.A.T to decide appeals against the orders
passed by the controller and Adjudicating officer.
 The I.T.Act like other many special legislations provides a specialized adjudicatory
machinery to decide the issues which are likely to arise.
 This specialized machinery as the experience suggests is bound to enhance decision
making quality in many respects.
 It will make speedy decisions possible because the A.O or CAT will deal only with the
issues arising under the I.T.Act.
 Only the person with expertise in the field will be appointed as A.O to deal with the
peculiar issues generated by the electronic medium.
 This will also help in maintaining uniformity.
 The central govt. is likely to establish more than one appellate tribunal.
 The level of uniformity in interpretation and decisions both within a tribunal and across
tribunal will be high.
All these features are bound to raise public confidence as the people lose faith in the
adjudicating system because of delay and uncertainty.

Establishment and composition of CAT section 48

The central govt. shall by notification establish one or more CAT.

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The matters and places in relation to which the CAT may exercise jurisdiction shall also be
notified by the central govt.

The I.T.Act envisages having more than one CAT because of increase of work load in future and
unfeasibility of one central appellate tribunal for those who are residing at far off places.

The territorial limits of these tribunal shall be defined by central govt. to avoid possible
confusion with regard to the area of operation of these appellate tribunal.

Composition of CAT section 49

The cyber appellate tribunal shall also consist of one person only. Who will be called as
presiding officer of the CAT.

The presiding officer shall be appointed by the central govt. by a notification.

One presiding officer (chairperson) section 50.

Term- the presiding officer shall hold the office for 5 years(section 51) from the date on which
he enters upon his office as until he attains the age of 65 years.

If he attains the age of 65 years before completing 5 years then he will not hold the office later.

Salary- (section 52) allowances payable to and the other term and conditions including pension,
gratuity and other retirement benefits shall be such as prescribed by the central govt.

Jurisdiction of cyber appellate tribunal

 The cyber appellate tribunal does not have original jurisdiction.

 A complaint cannot lie directly before the CAT.
 It has only appellate jurisdiction against the orders of the controller and Adjudicating
officer.
 Section 61, civil court does not have jurisdiction
 Section 64, recovery of penalty and compensation.

Appeals from the Tribunal to H.C

Any person aggrieved by any decision or order of the tribunal may file an appeal to the high
court within 60 days from the date of communication of the decision or order of the tribunal to
him on any question of fact or law arising out of such order, the high court may if it is satisfied
that the appellate was prevented by sufficient cause from filing the appeal within the said
period, allow it to be filed within a further period not exceeding 60 days (section 62).

Chapter 9 section 43, 43A, 44, 45

Damage to computer, computer system etc (section 43)

If any person without the permission of the owner or any other person who is in charge of a
computer, computer system or computer network, accesses or downloads any data, or

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introduces any computer contaminant, or damage or disrupts, or denies access to any person
authorized to access, or assists any unauthorized person to access, or to a computer, computer
system or computer network in contravention of the provisions of this act, rules or regulations
made there under, or destroys the information residing in or steals the source code of, or
charges the services availed of by a person to the account of another person by tempering with
any computer, computer system, or computer network : he shall be liable to pay damages by
way of compensation to the person so affected.

Compensation for failure to protect data (section 43A).

CHAPTER 11 OFFENCES section 67, 67A (punishment)

Cyber defamation is not a specific criminal offence, misdemeanor or tort, but rather defamation
conducted via digital media, usually through the internet.

Cyber defamation is a new concept but the traditional definition of the term defamation is
application to the cyber defamation as it involves defamation of a person through a new and a
virtual medium. Cyber defamation is publishing of defamatory material against another person
with the help of computer or internet.

(Online defamation)

18 July 2011 Jogesh kwatra

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