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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 14, 20242024-05-14T11:37:51+05:30 2024-05-14T11:37:51+05:30In: Co-operation, Co-operative Law and Business Laws

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, duties, and authority.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-14T11:38:14+05:30Added an answer on May 14, 2024 at 11:38 am

      The Cyber Appellate Tribunal (CAT) was established under the Information Technology Act, 2000 (amended in 2008), to provide an appellate mechanism for resolving disputes related to cybercrime, cybersecurity, and digital rights. Here's a detailed discussion of its composition, functions, and powers:

      1. Composition:
        The CAT consists of a Chairperson and such number of members as the Central Government may deem fit to appoint. The Chairperson of the CAT must be a retired Judge of the Supreme Court or Chief Justice of a High Court. Additionally, the members of the CAT are appointed based on their expertise in fields such as law, cybercrime, information technology, and cybersecurity.

      2. Functions:
        The primary function of the Cyber Appellate Tribunal is to adjudicate on appeals against the orders passed by adjudicating officers under the Information Technology Act, 2000. These orders may relate to various aspects of cybersecurity, including data protection, privacy violations, hacking, cyber fraud, and intellectual property rights infringements. The CAT serves as a quasi-judicial body to review the decisions of adjudicating officers and ensure the proper application of legal principles and procedural fairness.

      3. Powers:
        The Cyber Appellate Tribunal is vested with several powers to effectively discharge its functions and provide redressal to aggrieved parties. Some of its key powers include:

        • Adjudicatory Powers: The CAT has the authority to hear and decide appeals filed against the orders of adjudicating officers under the Information Technology Act, 2000.
        • Interim Relief: The CAT may grant interim relief, such as stay orders or injunctions, to prevent irreparable harm or maintain the status quo pending the final adjudication of appeals.
        • Summoning and Examination: The CAT has the power to summon and enforce the attendance of witnesses, compel the production of documents or electronic records, and examine witnesses under oath to ascertain the facts of the case.
        • Contempt Powers: The CAT has the power to punish for contempt of its authority, similar to the contempt powers exercised by courts of law.
        • Review and Revision: The CAT may review its own orders or entertain applications for revision of its orders under specified circumstances to correct errors or prevent miscarriage of justice.

      In summary, the Cyber Appellate Tribunal plays a crucial role in the adjudication of disputes related to cybersecurity and digital rights under the Information Technology Act, 2000. Its composition of experienced judicial and technical members, coupled with its quasi-judicial powers, enables it to provide an effective appellate mechanism for aggrieved parties seeking redressal in matters pertaining to cybercrime and information technology. The CAT's functions and powers contribute to the promotion of cybersecurity, protection of digital rights, and enforcement of legal standards in the digital domain.

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