ADJUDICATION

Adjudication of the matters under IT Act:

Adjudication powers rests on the officer appointed by Central govt The authority is quasi-judicial in nature. The qualifications are to be decided by central govt. They have all the powers of that of the Civil court.

Sequence of the adjudication process in IT Act:

Adjudicating officer/ controller. 45 days

Cyber Appellate tribunal . 60 days

Appeal to High court.

Adjudicating Officer

Section 46 of the IT Act states that an adjudicating officer shall be adjudging whether a person has committed a contravention of any of the provisions of the said Act, by holding an inquiry.

Principles of audi alterum partum and natural justice are enshrined in the said section which stipulates that a reasonable opportunity of making a representation shall be granted to the concerned person who is alleged to have violated the provisions of the IT Act. The said Act stipulates that the inquiry will be carried out in the manner as prescribed by the Central Government All proceedings before him are deemed to be judicial proceedings, every Adjudicating Officer has all powers conferred on civil courts Damages 5 cr.

Enquiry & other proceduresIT Rules 2003

Qualification & experience of adjudicating officer & manner of holding enquiry vide gazette notification G.S.T 220(E) 17 march 2003

Appointment
By CG Person not below the rank of director of GOI; or Equivalent officer of state government No person shall be appointed as AO unless experience of IT, legal, judicial system as prescribed by CG If more than 1 AO- jurisdiction will be decided by CG

Sec 47
Factors to be taken into account by AO: (a) the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to any person as a result of the default; (c) the repetitive nature of the default

CYBER REGULATIONS APPELLATE TRIBUNAL (CRAT) A Cyber Regulations Appellate Tribunal (CRAT) is to be set up for appeals from the order of any adjudicating officer. It consists of one person only- the Presiding Officer.

CRAT
S. 48. Establishment of Cyber Appellate Tribunal. (1) The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Regulations Appellate Tribunal. (2) The Central Government shall also specify, in the notification referred to in subsection (1), the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction.

Composition
Chairperson of the Cyber Appellate Tribunal- 1 Other- members as appointed by CG In consultation with CJI

Qualifications & members of CAT

Qualified to be judge of HC Members- by CG from persons having special knowledge or professional exp. In IT, telicom, industry, mgmt. consumer affairs. Being additional secretary in CG or SG for 1 yr. or joint secretary for 7 yers Judicial members- members of Indian legal service in post of Add. Secretary for 1 yr or grade 1 post for 5 yers.

Term of office & other conditions

Term of five years or until he attains the age of sixty-five years. Person does not have any such financial or other interest as is likely to affect prejudicially his functions as such Chairperson or Member. shall have to retire from other services before joining as such Chairperson or Member. Powers of superintendence, direction, etc Distribution of Business among Benches

Powers of CP
Powers of superintendence, direction, etc Distribution of Business among Benches. Powers of the Chairperson to transfer cases

Other provisions
Decision by majority Filling up of vacancies Resignation and removal by notice in writing under his hand addressed to the Central Government, resign his office: Provided that the said Presiding officer Chairperson or Member shall, unless he is permitted by the CG to relinquish his office sooner, continue to hold office till 3 months from the date of receipt of notice or until successor appointed. The Presiding officer Chairperson or Member of a CAT shall not be removed from his office except by order of CG on the ground of proved misbehavior or incapacity.(inquiry by judge of SC) Natural justice will be given Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings Staff of the Cyber Appellate Tribunal

Appeal to CAT S. 57
Any person aggrieved by an order made by a Controller or an adjudicating officer under this Act may prefer an appeal to a Cyber Appellate Tribunal having jurisdiction in the matter. Consent of the parties- No appeal. Appeal within 45 days from the date on which a copy of the order made by the Controller or adjudicating officer is received. Decision within 6 months.

Procedure and Powers of the Cyber Appellate Tribunal

Not be bound by the procedure laid down by the Code of Civil Procedure, 1908. Regulate its own procedure including the place at which it shall have its sittings. Powers of civil court as under CPC; (a)summoning and enforcing the attendance of any person and examining him on oath; (b)requiring the discovery and production of documents or other electronic records; (c)receiving evidence on affidavits; (d)issuing commissions for the examination of witnesses or documents; (e)reviewing its decisions; (f)dismissing an application for default or deciding it ex parte; (g)any other matter which may be prescribed Every proceeding before the Cyber Appellate Tribunal shall be deemed .to be a judicial proceeding

Right to legal representation Limitation Act Apply Civil court not to have jurisdiction Appeal to High court Disposals
Compounding of Contravention

Recovery of Penalty or compensation

Facts
The first and the only Cyber Appellate Tribunal in the country has been established by the Central Government in accordance with the provisions contained under Section 48(1) of the Information Technology Act, 2000. The Tribunal initially known as the Cyber Regulations Appellate Tribunal (C.R.A.T.) started functioning from October, 2006. Address: D.I.T. building at C.G.O. Complex, Lodhi Road, New Delhi.

 Honble Mr. Justice Rajesh Tandon, a retired Judge of Uttrakhand High Court took the charge as Presiding Officer of Cyber Regulations Appellate Tribunal on February 25,2009. The Tribunal after the amendment of the IT Act in the year 2008 (which came into effect on 27.10.2009) is known as the Cyber Appellate Tribunal (C.A.T.).

CRAT does not seem to be vested with any original jurisdiction Apart from the factual issues that would be raised, the disputes before the CRAT are invariably going to involve the following legal issues as well:
application of Private International Law (including the issue of "conflict of laws") in case the parties to the dispute belong to different nationalities; issues regarding jurisdiction; and application and interpretation of complex contractual, intellectual property and penal laws

 Provided that the court may exercise jurisdiction in cases where the claim for injury or damage suffered by any person exceeds the maximum amount which can be awarded under this Chapter. ( 2008 amendment )

Police Powers
A police officer not below the rank of deputy superintendent of police has the power to enter any public place and arrest any person without warrant if he believes that a cyber crime has been or is about to be committed. On being arrested, the accused person must, without any unnecessary delay, be taken or sent to the magistrate having jurisdiction or to the officer-in-charge of a police station. The provisions of the Code of Criminal Procedure, 1973 shall apply in relation to any entry, search or arrest made by the police officer.