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Himanshu Kulshreshtha
Elite Author
Asked: 2024-05-14T16:16:05+05:30 In:

Discuss in detail the Composition, Function and Powers of the Cyber Appellate Tribunal under the information Technology Act, 2002.

Talk in-depth about the Information Technology Act of 2002’s Cyber Appellate Tribunal’s structure, role, and authority.

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    1. Elite Author

      The Cyber Appellate Tribunal (CAT) was established under the Information Technology Act, 2000 (subsequently amended in 2008), to adjudicate disputes and appeals arising under the provisions of the Act. Here is a detailed discussion on the composition, functions, and powers of the Cyber Appellate Tribunal:

      1. Composition:

        • The Cyber Appellate Tribunal consists of a Chairperson and such number of other Members as the Central Government may deem fit.

        • The Chairperson must be a retired judge of the Supreme Court or a Chief Justice of a High Court.

        • The Members are appointed by the Central Government on the recommendations of a Selection Committee, which includes the Chief Justice of India or his nominee, the Secretary to the Government of India in the Ministry of Law and Justice, and an expert in the field of information technology.

        • The CAT may sit in benches, and each bench shall consist of one judicial member and one technical member.

      2. Functions:

        • The primary function of the Cyber Appellate Tribunal is to hear appeals against the orders passed by Adjudicating Officers under the Information Technology Act, 2000.

        • It also has the jurisdiction to hear and adjudicate matters related to the determination of compensation or damages in cases of contravention of the provisions of the Act.

        • The CAT has the power to exercise all the appellate powers conferred upon it by or under the Act.

      3. Powers:

        • The Cyber Appellate Tribunal has the same powers as that of a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters:

          • Summoning and enforcing the attendance of any person and examining him on oath;

          • Requiring the discovery and production of documents;

          • Receiving evidence on affidavits;

          • Issuing commissions for the examination of witnesses or documents;

          • Reviewing its decisions; and

          • Dismissing an application for default or deciding it ex parte.

        • The CAT also has the power to make rules for regulating its own procedure and the procedure of Benches thereof.

        • It has the authority to regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functions.

        • The orders passed by the Cyber Appellate Tribunal are executable as decrees of a civil court.

      In conclusion, the Cyber Appellate Tribunal serves as an appellate authority under the Information Technology Act, 2000, and is tasked with adjudicating appeals against the orders of Adjudicating Officers and other matters related to the Act. With its composition of judicial and technical members, the CAT ensures effective adjudication of disputes and appeals in the field of information technology. Its wide-ranging powers and functions empower it to play a crucial role in the administration of justice and the protection of rights in cyberspace.

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