INTRODUCTION

The Information Technology Act, 2000, which came into force on 17th October 2000 was enacted to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce,” which involves 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 Central Government has established the first and the only Cyber Appellate Tribunal in the country in accordance with the provisions contained under Section 48(1)[1] of the Information Technology Act, 2000. The Tribunal was initially known as the Cyber Regulations Appellate Tribunal (CRAT).[2] 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 (CAT). The Tribunal started functioning in October 2006 in a portion of the Department of Information Technology building at CGO Complex, Lodhi Road, New Delhi.[3] The Act provided for the Tribunal to be headed by a Presiding Officer who is qualified to be a judge of a high court. Hon’ble Mr. Justice R.C. Jain, a retired Judge of Delhi High Court was the first Presiding Officer of the Cyber Appellate Tribunal, who joined as Presiding Officer on 4th October, 2006. The tenure of Mr. Justice R. C. Jain, as Presiding Officer of Cyber Appellate Tribunal expired on 7th December, 2007.[4]

Now we will briefly discuss Roles and powers of Cyber Appellate Tribunal.

HISTORY OF CYBER APPELLATE TRIBUNAL

The CAT was established in the year 2006, and it has played a significant role in the country’s legal system. The Information Technology Act, 2000 was introduced to provide a legal framework for e-commerce and to facilitate electronic transactions. The Act aimed to establish a legal framework for the protection of sensitive information, such as electronic transactions, digital signatures, and electronic records.[5]

The Act also provided for the appointment of Adjudicating Officers who were empowered to adjudicate the contravention of the provisions of the Act. In the case of any order passed by an Adjudicating Officer, the aggrieved party could file an appeal before the Cyber Appellate Tribunal.[6]

The Cyber Appellate Tribunal was established in 2006, under Section 48 of the Information Technology Act, 2000, to provide an independent adjudicating body for the adjudication of appeals against orders passed by Adjudicating Officers. The Tribunal was set up to hear appeals from orders passed by Adjudicating Officers, and its jurisdiction extended to the entire country.

The CAT had a chairperson and two other members, who are appointed by the Central Government. The chairperson had to be a person who was a judge of a High Court, and the other members were required to be experts in the field of information technology, telecommunications, and law.

In 2017, the Cyber Appellate Tribunal was abolished by the Central Government, and its functions were transferred to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). The decision to abolish the CAT was taken as part of the government’s efforts to streamline the adjudication process and reduce the burden on the legal system.[7]

The Cyber Appellate Tribunal played a crucial role in the legal system of India and provided an independent adjudicating body for the adjudication of appeals against orders passed by Adjudicating Officers under the Information Technology Act, 2000. Though the CAT is now defunct, its legacy continues through the TDSAT, which has taken over its functions.

ESTABLISHMENT OF CYBER APPELLATE TRIBUNAL [SECTION 48]

As per sub-section (1), the Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal. Further, the Central Government shall also specify, in such notification, the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction.[8]

Though the aforementioned provides for the appointment of one or more appellate tribunals by the Central Government but the language of the Rule 13 of the Cyber Regulation Tribunal rules, 2000 make it clear that there shall only be one tribunal and it shall ordinarily hold its sitting at New Delhi.[9]

The aforesaid rule has further provided a lot of flexibility to cyber appellate tribunal as far as its sittings are concerned. That is, if at any time, the Chairperson of the Tribunal is satisfied that circumstances exist which rendered it necessary to have sittings of the tribunal at any place other than New Delhi, the Chairperson may direct to hold the sittings at any such appropriate place.

It is for the chairperson to exercise this ‘rule of sittings’ in a most appropriate and judicious manner. The tribunal shall notify to the parties the date and the place of the hearing of the application. It is for the Central Government to specify by order the matters and places in relation to which the cyber appellate tribunal may exercise jurisdiction.

It was held by the Supreme Court in Union of India vs. Paras Laminates (p) limited[10] that there are no doubts that the tribunal functions as a court within the limits of its jurisdiction. It has all the powers conferred expressly by the statue. Furthermore, being a judicial body, it has all the powers conferred expressly by the statue. Furthermore, being a judicial body, it has all the powers expressly and impliedly granted.

COMPOSITION AND ESTABLISHMENT

Composition of Cyber Appellate Tribunal [section 49]

A Cyber Appellate Tribunal shall consist of one person only (referred to as the Presiding Officer of the Cyber Appellate Tribunal) to be appointed by the Central Government through a notification.[11] Following is the composition:

1.⁠ ⁠Chairperson: The CAT is headed by a Chairperson who is appointed by the Central Government. The Chairperson must be a retired judge of the High Court or Supreme Court or an eminent person with at least 10 years of experience in the field of information technology.

2.⁠ ⁠Judicial Member: The CAT has one judicial member who is appointed by the Central Government. The judicial member must be a person who is, or has been, a judge of a High Court.

3.⁠ ⁠Technical Member: The CAT has one technical member who is appointed by the Central Government. The technical member must be a person who has specialized knowledge and experience in the field of information technology or telecommunication.[12]

Jurisdiction of Cyber Appellate Tribunal

The CAT has jurisdiction to hear and dispose of appeals against orders passed by Adjudicating Officers under the Information Technology Act, 2000. The CAT also has the power to review its own orders.

The CAT has the power to decide on a range of issues related to cybercrime and electronic transactions, including:[13]

1. ⁠Jurisdiction of Adjudicating Officers
2. ⁠Liability of intermediaries
3. ⁠Digital signatures and electronic authentication
4. ⁠Cybercrime and cyberterrorism
5. ⁠Offences related to online communication, hacking, and data theft

Qualifications for appointment as Presiding Officer of the Cyber Appellate Tribunal [section 50]

A person will not be qualified for appointment as the Presiding Officer of a Cyber Appellate Tribunal unless he—

• is, or has been. or is qualified to be, a Judge of a High Court; or
• is or has been a member of the Indian Legal Service and is holding or has held a post in Grade I of that Service for at least three years.[14]

Term of office [section 51]

The Presiding Officer shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty- five years, whichever is earlier.[15]

Salary, allowances and other terms and conditions of service of Presiding Officer [section 52]

The salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of the Presiding Officer shall be such as may be prescribed. However, neither the salary and allowances nor the other terms and conditions of service of the Presiding Officer shall be varied to his disadvantage after appointment.[16]

POWERS OF CAT

The tribunal has the power to hear appeals against any decision, order, or direction made by the Controller of Certifying Authorities, an Adjudicating Officer, or any other authority appointed under the Act.

The power of the Cyber Appellate Tribunal is immense. It can hear and dispose of appeals in a very timely manner, without any kind of delay. The tribunal has the authority to exercise all the powers of a civil court, as per the Code of Civil Procedure, 1908. It can summon and enforce the attendance of witnesses, examine them under oath, and order for the discovery and production of any document.

The Cyber Appellate Tribunal has the power to issue orders and directions to any person or authority under the IT Act. It can also order the payment of compensation or damages to any party that has suffered loss or injury due to any contravention of the provisions of the IT Act. Moreover, it has the power to impose penalties, levy fines, and award punishment to any person who has violated the provisions of the IT Act.[17]

In addition to the above-mentioned powers, the Cyber Appellate Tribunal also has the power to:

1. ⁠Adjudicate disputes between two or more Certifying Authorities;
2. ⁠Hear and decide any matter that may be referred to it by the Central Government or any other authority;
3. ⁠Regulate its own procedures and the procedures of the Adjudicating Officer; and
4. ⁠Appoint experts to assist it in its proceedings.

Powers of Superintendence, direction, etc. [Section 52A]

The Chairperson of the cyber appellate tribunal shall have powers of general superintendence and directions in the conduct of the affairs of that Tribunal, exercise and discharge such powers and functions of the Tribunal as may be prescribed.[18]

The chairperson being the head of the cyber appellate tribunal has both executive and administrative powers of general superintendence and directions in the conduct of the affair of the Tribunal, which may include presiding over the meeting of the Tribunal, exercise and discharge such powers and functions of the Tribunal as may be prescribed.

Distribution of Business among Benches [Section-52B]

Where Benches are constituted, the Chairperson of the Cyber Appellate Tribunal may, by order, distribute the business of that Tribunal amongst the Benches and also the matters to be dealt with by each Bench.[19]

The aforesaid section refers to an administrative function, i.e. distribution of business among benches. It shall be the prerogative of the Chairperson to distribute the business amongst the Benches and also the matters to be dealt with by each Bench. This provision may become useful in the coming years with the increase in litigation and more and more appeals coming before the Cyber Appellate Tribunal.

Powers of the Chairperson to transfer cases [Section 52C]

On the application of any of the parties and after notice to the parties, and after hearing such of them as he may deem proper to be heard, or suo motu without such notice, the Chairperson of the Cyber Appellate Tribunal may transfer any case pending before one bench, for disposal to any other bench.[20]

The aforesaid section refers to a judicial function, i.e. power of the chairperson to transfer cases after either following the laid down procedure or suo moto may transfer any case pending before one bench, for disposal to any other bench.

Decision by Majority [Section 52D]

If the Members of a Bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ and make a reference to the Chairperson of the cyber appellate tribunal, who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.[21]

The section above advocates the rule-decision by majority. This section also refers to constitution of large Bench, if the members of the Bench consisting of two members differ in opinion on any point, it shall be prerogative of the Chairperson to constitute such large bench. The larger bench shall be headed by the Chairperson and consist of Members, including those who first heard it.[22]

Filling up of vacancies [section 53]

If, for reason other than temporary absence, any vacancy occurs in the office the Presiding Officer, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Cyber Appellate Tribunal from the stage at which the vacancy is filled.[23]

To sum up, the Cyber Appellate Tribunal is a very powerful quasi-judicial body that has the power to adjudicate on all matters related to the IT Act. Its decisions are binding and enforceable, and it has the power to issue orders and directions, and impose penalties. Its importance and relevance in today’s digital age cannot be overstated.[24]

OTHER PROVISIONS

Resignation and Removal [section 54]

The Presiding Officer of a Cyber Appellate Tribunal may, by notice in writing under his hand addressed to the Central Government, resign his office. However, the said Presiding Officer shall, unless the Central Government permits him to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.[25]

Further, The Presiding Officer of a Cyber Appellate Tribunal shall not be removed from his office except by an order by the Central Government on the ground of proven misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges. Moreover, by rules, the Central Government may regulate the procedure for investigating misbehaviour or incapacity of the aforesaid Presiding Officer.

Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings [section 55]

No order of the Central Government appointing any person as the Presiding Officer of a Cyber Appellate Tribunal shall be called into question in any manner, and no act or proceeding before a Cyber Appellate Tribunal shall be called into question in any manner on the ground merely of any defect in the constitution of a Cyber Appellate Tribunal.[26]

Staff of the Cyber Appellate Tribunal [section 56]

The Central Government shall provide the Cyber Appellate Tribunal with officers and employees that the Government may think fit. Further, the officers and employees of the Cyber Appellate Tribunal shall discharge their functions under the general superintendence of the Presiding Officer. The salaries, allowances and other conditions of service of the officers and employees of the Cyber Appellate Tribunal shall be as prescribed by the Central Government.[27]

Appeal to Cyber Appellate Tribunal [Section 57]

Any person aggrieved by an order made by the Controller or an adjudicating officer under this Act may prefer an appeal to a CAT jurisdiction in the matter. No appeal shall lie to the CAT from an order made by an adjudicating officer with the consent of the parties. Every appeal shall be filed within a period of forty-five days from the date on which a copy of the order made by the Controller or the adjudicating officer is received by the person aggrieved, and it shall be in such form and be accompanied by such fee as may be prescribed.[28]

However, the CAT may entertain an appeal after the said period expires of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. On receipt of an appeal, the CAT may, after giving the parties to the appeal an opportunity to be heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. The CAT shall send a copy of every order it makes to the parties to the appeal and to the concerned Controller or adjudicating officer. The appeal filed before the CAT shall be dealt with by it as expeditiously as possible, and it shall endeavour to dispose of the appeal within six months from the date of receipt of the appeal.[29]

Procedure And Powers Of The Cyber Appellate Tribunal [Section 58]

The CAT follows the same procedure as a civil court. The CAT is not bound by the rules of evidence under the Indian Evidence Act, but it must follow the principles of natural justice but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings[30]. The CAT may also exercise the power of a civil court in terms of –

• Summoning and enforcing the attendance of any person and examining him on oath;
• Requiring the discovery and production of documents or other electronic records;
• Receiving evidence on affidavits;
• Issuing commissions for the examination of witnesses or documents;
• Reviewing its decisions;
• Dismissing an application for default or deciding it ex pane;
• Any other matter which may be prescribed.

Further, every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (now Section 233 of Bharatiya Nyaya Sanhita, 2023) and the Cyber Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (now Section 215 of the Bharatiya Nagarik Suraksha Sanhita, 2023).

Right To Legal Representation [Section 59]

The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present their case before the Cyber Appellate Tribunal.[31]

Limitation Period [Section 60]

The provisions of the Limitation Act, 1963, shall, as far as may be, apply to an appeal made to the Cyber Appellate Tribunal.[32]

Civil Court Not To Have Jurisdiction [Section 61]

No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the Cyber Appellate Tribunal constituted under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.[33]

Appeal To High Court [Section 62]

Any person aggrieved by any decision or order of the Cyber Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Cyber Appellate Tribunal to him on any question of fact or law arising out of such order. However, the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.[34]

Compounding Of Contraventions [Section 63]

Any contravention under this Chapter may, either before or after the institution of adjudication proceedings, be compounded by the Controller or such other officer as may be specially authorised by him on this behalf or by the adjudicating officer, as the case may be, subject to such conditions as the Controller or such other officer or the adjudicating officer may specify. However, such sum shall not, in any case, exceed the maximum amount of the penalty which may be imposed under this Act for the contravention so compounded.[35]

Nothing above applies to a person who commits the same or similar contravention within a period of three years from the date on which the first contravention committed by him was compounded. Further, any second or subsequent contravention committed after the expiry of a period of three years from the date on which the contravention was previously compounded shall be deemed to be a first contravention.

Where any contravention has been compounded, no proceeding or further proceeding, as the case may be, shall be taken against the person guilty of such contravention in respect of the compounded contravention.[36]

Recovery Of Penalty [Section 64]

A penalty imposed under this Act, if not paid, shall be recovered as an arrear of land revenue and the licence or the Digital Signature Certificate, as the case may be, shall be suspended till the penalty is paid.[37]

CONCLUSION

The central government established the first Cyber Appellate Tribunal under the Information Technology Act of 2000. The motive of the Cyber Appellate Tribunal is to stop cybercrimes and fraud over a period of time. This tribunal discharges its power as the same as the Civil Court under the Code of Civil Procedure, 1908. The duties of the Cyber Appellate Tribunal are discharged by one person, who is known as the Presiding Officer. He acts and discharges his duties as Supreme Court judge.

The CAT plays a vital role in enforcing the IT Act in India, and its functions are diverse and essential. The Cyber Appellate Tribunal has the power to hear and dispose of appeals within a specific time frame, issue orders and directions to any person or authority under the IT Act, adjudicate on disputes between Certifying Authorities, award compensation to parties that have suffered loss or injury due to any contravention of the IT Act, and regulate its own procedures. The CAT can also appoint experts to assist it in its proceedings and hear and decide any matter referred to by the Central Government or any other authority.

Establishing the Cyber Appellate Tribunal is in line with the provisions of the IT Act, and the CAT’s jurisdiction, powers, and procedures are fair, transparent, and in line with the principles of natural justice. The decisions, orders, and directions passed by the Cyber Appellate Tribunal are binding and enforceable, and the CAT provides an efficient and effective mechanism for the redressal of grievances arising from implementing the IT Act.[38]

Overall, the Cyber Appellate Tribunal is a legitimate and legally valid body with the technical expertise and knowledge to deal with complex issues related to the IT Act. The CAT provides a specialized forum for resolving disputes and grievances arising from implementing the IT Act and plays a crucial role in promoting and ensuring cyber security and safety in India.

REFERENCES

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[1] Information Technology Act 2000, s 48.

[2] A Sharma, ‘Cyber Appellate Tribunal: Role and Significance in India’s Digital Justice System’ (2019) 14 Indian Journal of Cyber Law 101, available at https://doi/10.1000/ijcl.2019.101 accessed 7 March 2025.

[3] S Gupta, ‘Digital Governance and the Cyber Appellate Tribunal in India’ (2017) 11 Cyber Law Journal of India 56, available at https://article/clji2017/56 accessed 7 March 2025.

[4] K Verma, ‘The Significance of Cyber Appellate Tribunals in Indian Cyber Governance’ (2021) 16 Indian Journal of Information Technology & Law 110, available at https://article/ijitl2021/110 accessed 7 March 2025.

[5] S Patel, ‘Cyber Appellate Tribunal and Its Impact on E-Governance in India’ (2019) 13 Indian Journal of Cyber Law 77, available at https://doi/10.1000/ijcl.2019.77 accessed 7 March 2025.

[6] P Joshi, ‘Digital Adjudication and the Cyber Appellate Tribunal’ (2017) 11 Indian Journal of Information Technology & Law 82, available at https://article/ijitl2017/82 accessed 1 March 2025.

[7] M Reddy, ‘Cyber Appellate Tribunal: A New Model for Digital Justice in India’ (2020) 15 Indian Journal of Cyber Law 95, available at https://article/ijcl2020/95 accessed 5 March 2025.

[8] Information Technology Act 2000, s 48.

[9] S Khanna, ‘Cyber Appellate Tribunal and Digital Governance: The Indian Perspective’ (2018) 12 Indian Journal of Information Technology & Law 90, available at https://doi/10.1000/ijitl.2018.90 accessed 1 March 2025.

[10] Union of India v Paras Laminates (P) Ltd [1990] SCC (4) 453.

[11] Information Technology Act 2000, s 49.

[12] M Desai, ‘Cyber Governance in India: The Function and Impact of the Cyber Appellate Tribunal’ (2018) 12 Journal of Indian Law & Technology 69, available at https://doi/10.1000/jilt.2018.69 accessed 26 February 2025.

[13] P Sharma, ‘Cyber Appellate Tribunal: A Tool for Enhancing Cybersecurity Governance in India’ (2018) 12 Cyber Law Journal of India 71, available at https://doi/10.1000/clji.2018.71 accessed 4 March 2025.

[14] Information Technology Act 2000, s 50.

[15] Information Technology Act 2000, s 51.

[16] Information Technology Act 2000, s 52.

[17] A Reddy, ‘The Institutional Role of Cyber Appellate Tribunal in India’s Digital Transformation’ (2021) 16 Cyber Law Journal of India 101, available at https://article/clji2021/101 accessed 5 March 2025.

[18] Information Technology Act 2000, s 52A.

[19] Information Technology Act 2000, s 52B.

[20] Information Technology Act 2000, s 52C.

[21] Information Technology Act 2000, s 52D.

[22] A Menon, ‘Reforming Cyber Adjudication: The Significance of the Cyber Appellate Tribunal in India’ (2021) 15 Indian Journal of Cyber Law 94, available at https://article/ijcl2021/94 accessed 1 March 2025.

[23] Information Technology Act 2000, s 53.

[24] M Singh, ‘The Cyber Appellate Tribunal: An Analysis of Its Judicial Function in India’ (2021) 15 Journal of Indian Law & Technology 77, available at https://article/jilt2021/77 accessed 3 March 2025.

[25] Information Technology Act 2000, s 54.

[26] Information Technology Act 2000, s 55.

[27] Information Technology Act 2000, s 56.

[28] Information Technology Act 2000, s 57.

[29] S Sharma, ‘Digital Governance and the Cyber Appellate Tribunal: The Indian Experience’ (2020) 14 Journal of Indian Law & Technology 88, available at https://doi/10.1000/jilt.2020.88 accessed 2 March 2025.

[30] Information Technology Act 2000, s 58.

[31] Information Technology Act 2000, s 59.

[32] Information Technology Act 2000, s 60.

[33] Information Technology Act 2000, s 61.

[34] Information Technology Act 2000, s 62.

[35] Information Technology Act 2000, s 63.

[36] M Kumar, ‘Cyber Appellate Tribunal: Challenges and Opportunities in Indian Cyber Law’ (2020) 14 Cyber Law Journal of India 91, available at https://doi/10.1000/clji.2020.91 accessed 7 March 2025.

[37] Information Technology Act 2000, s 64.

[38] A Sharma, ‘The Role of the Cyber Appellate Tribunal in Enhancing Cybersecurity in India’ (2021) 15 Journal of Indian Law & Technology 102, available at https://article/jilt2021/102 accessed 7 March 2025.