Title of the Topic: Qualification and Powers of Adjudicating Officer.

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Title of the Topic: Qualification and Powers of Adjudicating Officer.

Hello my dear students hope all of you are fine and hopefully observing the advisories of
the government in order to defeat COVID-19 collectively.
In this lecture we will study Adjudicating Officer as provided under Information Technology
Act, 2000 after going through e-module we shall come to know as to;
1. Who is an adjudicating officer?
2. Who appoints an adjudicating officer?
3. What are the qualifications of becoming an adjudicating officer?
4. What are the duties an adjudicating officer?
5. What are the powers an adjudicating officer?
6. What are the functions an adjudicating officer?
Section 2(c) of Information Technology Act 2000 talks about an “Adjudicating Officer" and
simply provides that, adjudicating officer means an officer appointed under subsection (1) of
section 46 of Information Technology Act 2000.
Appointment & Qualification and Powers of Adjudicating Officer: Under Section 46 of
Information Technology Act 2000, Power is given to Central Government to appoint an
adjudicating officer. For the purpose of adjudging as to whether any person has committed a
contravention of any of the provisions of this Act or of any rule, regulation, direction or order
made there under. The Central Government shall, subject to the provisions of sub-section (3) of
Information Technology Act 2000 appoint any officer not below the rank of a Director to the
Government of India or an equivalent officer of a State Government to be an adjudicating officer
‘for holding an inquiry in the manner prescribed by the Central Government. The requisite
Qualifications for appointing the Adjudicating Officer are to be laid down by the central
government as the Section 46(3) of Information Technology Act 2000 clearly provides that, “No
person shall be appointed as an adjudicating officer unless he possesses such experience in the

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 Title of the Topic: Qualification and Powers of Adjudicating Officer.

field of Information Technology and legal or judicial experience as may be prescribed by the
Central Government.
Adjudicating officer has been given sufficient powers under the Information Technology Act
2000. Section 46. Provides the Adjudicating officer’s “ Power to adjudicate” For the purpose of
adjudging under this Chapter whether any person has committed a contravention of any of the
provisions of this Act or of any rule, regulation, direction or order made thereunder the Central
Government shall, subject to the provisions of sub-section (3), appoint any officer not below the
rank of a Director to the Government of India or an equivalent officer of a State Government to
be an adjudicating officer' for holding an inquiry in the manner prescribed by the Central
Government. Thus, it is amply clear that adjudicating officer’s powers are judicial in nature.
The adjudicating officer is vested with the powers of Civil Court, Section 46(5) clearly says
that , “Every adjudicating officer shall have the powers of a civil court which are conferred on
the Cyber Appellate Tribunal under sub-section (2) of section 58, and (a) all proceedings before
it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the
Indian Penal Code; shall be deemed to be a civil court for the purposes of sections 345 and 346
of the Code of Criminal Procedure, 1973. Thus, adjudicating officer has the powers of a civil
court.
Power to impose penalty/compensation: The Adjudicating Officer also enjoys the power to
impose penalty or determine the amount and award compensation. Section 46(2) Information
Technology Act 2000. says that, “The adjudicating officer shall, after giving the person referred
to in sub-section (1) a reasonable opportunity for making representation in the matter and if, on
such inquiry, he is satisfied that the person has committed the contravention, he may impose
such penalty or award such compensation as he thinks fit in accordance with the provisions of
that section.” Although, it may not be out of place to mention that these powers are not
unfettered. Section 47 Information Technology Act 2000 provides guidelines to the Adjudicating
officers while exercising their powers.
Section 47 Information Technology Act 2000 enumerates the factors to be taken into account by
the adjudicating officer or to consider during adjudication or awarding compensation.
the provision provides that while adjudging the quantum of compensation under this Chapter, the
adjudicating officer shall have due regard to the following factors, namely:- (a) the amount of
gain of unfair advantage, wherever quantifiable, made as a result of the default;

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 Title of the Topic: Qualification and Powers of Adjudicating Officer.

(b) the amount of loss caused to any person as a result of the default;
(c) the repetitive nature of the default.
Any party or the person aggrieved by the orders of adjudicating officer shall prefer an appeal
before the CRAT (Cyber Appellate Tribunal)

Before saying goodbye I once again remind you to observe the advisories of the government
in order to defeat COVID-19 collectively.

Thank you and Stay Blessed.

Dr. Aneeda Jan

Assistant Professor (Law)
DDE, University of Kashmir.

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