Information Technology Act, 2000 – Definitions, objectives, Exception, Digital Signature/Electronic Signatures & Electronic Signature Certificate, Certifying Authority, E-Governance, Offences and Penalties, Cyber Appellate Tribunal

1. The Information
Technology Act, 2000
Asst Prof. Parasmani Jangid
SDJ International College

2. Content to be covered
 Information Technology Act, 2000 – Definitions,
objectives, Exception
 Digital Signature/Electronic Signatures & Electronic Signature Certificate
 Certifying Authority
 E-Governance
 Offences and Penalties
 Cyber Appellate Tribunal

3. Terms to be focused
 Cyber crime : Cyber crime means criminal activities carries out by means
of computer or internet.
 E-Commerce : Buying & Selling good and Services over electronic network
or internet.
 Electronic Records : Information captured through electronic means. In pen
drive or in form of file, image, in mails, which are in readable form in
machine.
 Digital signature : A way to ensure that an electronic document is authentic.
 Authentic : confirmation about the sender, that is not been altered in any
way.
 Access: "access", with its grammatical variations and cognate expressions,
means gaining entry into, instructing or communicating with the logical,
arithmetical or memory function resources of a computer, computer system
or computer network

4.  Asymmetric Crypto System: "asymmetric crypto system" means a system of a
secure key pair consisting of a private key for creating a digital signature and a
public key to verify the digital signature
 Communication Device: "communication device" means cell phones, personal digital
assistance or combination of both or any other device used to communicate, send or
transmit any text, video, audio or image
 Computer: "computer" means any electronic, magnetic, optical or other high-speed
data processing device or system which performs logical, arithmetic and memory
functions by manipulations of electronic, magnetic or optical impulses, and includes
all input, output, processing, storage, computer software or communication facilities
which are connected or related to the computer in a computer system or computer
network
 Computer Network: "computer network" means the inter-connection of one or more
computers or computer systems or communication device through-
(i) the use of satellite, microwave, terrestrial line, wire, wireless or other
communication media; and
(ii) terminals or a complex consisting of two or more inter-connected computers
or communication device whether or not the inter-connection is continuously
maintained

5.  Computer System: "computer system" means a device or collection of
devices, including input and output support devices and excluding
calculators which are not programmable and capable of being used in
conjunction with external files which contain computer programmes,
electronic instructions, input data and output data that performs logic,
arithmetic, data storage and retrieval, communication control and other
functions
 Cyber Security: "cyber security" means protecting information, equipment,
devices computer, computer resource, communication device and
information stored therein from unauthorised access, use, disclosure,
disruption, modification or destruction
 Secure System: "secure system" means computer hardware, software, and
procedure that-
(a) are reasonably secure from unauthorised access and misuse;
(b) provide a reasonable level of reliability and correct operation;
(c) are reasonably suited to performing the intended functions; and
(d) adhere to generally accepted security procedures

6. Introduction
 The United Nations General Assembly by resolution A/RES/51/162,
dated the 30 January 1997 has adopted the Model Law on Electronic
Commerce as adopted by the United Nations Commission on
International Trade Law. This is referred to as the UNCITRAL Model Law
on E-Commerce.
 Following the United Nation(s) Resolution, India passed the Information
Technology Act, 2000 on 9th May 2000, which came into force on
October 17, 2000 (presented by Mr. Pramod Mahajan, IT Minister and
passed by president K.R. Narayan). The Information Technology
Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian
Parliament (No 21 of 2000).
 It is the primary law in India dealing with cyber crime and electronic
commerce.

7.  The Information Technology Act, 2000 provides legal recognition to the
transaction done via electronic exchange of data and other electronic
means of communication or electronic commerce transactions.
 This also involves the use of alternatives to a paper-based method of
communication and information storage to facilitate the electronic filing
of documents with the Government agencies.

8.  IT Act consists total 13 chapters, 94 sections and 4 schedules.
 Section 1 to 16 : Legal Aspects & digital Signature
 Section 17 to 42: Certifying Authorities
 Section 43 to 47: Penalties & Compensation
 Section 48 to 64: Appellate tribunals & appeal to High court
 Section 65 to 78: Offences
 Section 79 to 94: Miscellaneous of the act

9. Objectives
 The Information Technology Act, 2000 was made applicable in India with following
objectives
1. To give legal recognition to any transaction (done electronically) or use of internet
2. To give legal recognition to digital signature for accepting any agreement via computer.
3. To provide facility of filling document online relating to school admission or registration in
employment exchange.
4. To provide legal recognition for storage in electronic format.
5. To stop computer crime and protect privacy of internet users.
6. To give legal recognition for keeping books of accounts by bankers and other companies
in electronic form.
7. To make more power to IPO, RBI and Indian Evidence Act, 1872 for restricting electronic
crime.
8. To amend the Indian Penal Code, 1860, Indian Evidence Act, 1872, The Bankers’ Books
Evidence Act, 1891 and the Reserve Bank of India Act, 1934

10. Scope of the Act, section 1(4)
 Information Technology Act, 2000 is applicable to all electronic transactions
except the following –
a) A negotiable instrument (other than a cheque) as defined in section 13 of
the Negotiable Instruments Act, 1881;
b) A power-of-attorney as defined in section 1A of the Powers of Attorney Act,
1882;
c) A trust (an obligations annexed to the ownership of the property) as defined
in section 3 of the Indian Trusts Act, 1882;
d) A will as defined in clause (h) of section 2 of the Indian Succession Act,
1925 including any other testamentary disposition by whatever name called;
e) Any contract for the sale or conveyance of immovable property or any
interest in such property;
f) Any such class of documents or transactions as may be notified by the
Central Government in the Official Gazette.

11. Digital Signature Section: 3
As per Section 2(1) (p) of Information
Technology Act, 2000 “Digital
signature” means authentication of
any electronic record by a
subscriber by means of an
electronic method or procedure in
accordance with the provisions of
section 3.

12. What is a digital signature?
 A Digital signature (standard electronic signature) takes the
concept of traditional paper-based signing and turns it into an
electronic “fingerprint”.
 This fingerprint or coded message, is unique to both the
document and the signer and binds both of them together.
The digital signature ensures the authenticity of the signer.
 Any changes made to the document after it is signed
invalidate the signature, thereby protecting against signature,
forgery and information tampering.
 Digital signatures help organizations to sustain signer
authenticity, accountability, data integrity and non-repudiation
of electronic documents and forms.
 Generally it used in electronic mail, contracts, or a message
sent etc.

13. Who issues digital Signature?
 A digital signature is issued by a Certifying
Authority (CA) and is signed with the CA’s private
key.
 A digital signature typically contains the: Owner’s
public key, the Owner’s name, Expiration date of
the public key, the Name of the issuer (the CA
that issued the Digital ID), Serial number of the
digital signature, and the digital signature of the
issuer. Digital signatures deploy the Public Key
Infrastructure (PKI) technology.

14. Cryptography
Cryptography is the science of secret
writing with the intention of keeping the
data secret. Cryptography is classified
into symmetric cryptography,
asymmetric cryptography and hashing.

15. Type of cryptography
 Symmetrical (private key) and Asymmetrical (public key)
 Digital signatures employ asymmetric cryptography.
 In public key/ asymmetric cryptography cryptography, two
keys are used, one key is used for encryption and while the
other is used for decryption.
 In public key cryptography, one of the two keys is kept as a
secret.
 In this cryptography, sender and receiver does not need to
share the same key.
 In this cryptography, public key can be public and private key
is private. (key just a sequence of no. it can be generated
randomly)

17. Electronic Signature Section:
3A
 According to the US Federal ESIGN Act, that was passed in 2000,
“Electronic signature can be defined as an electronic symbol,
sound or process that is associated with a record or a contract
logically. An electronic signature is created or adopted by a
person in order to sign the record.”

19. Difference

20. Is Digital/Electronic Signature
Legal?
 The electronic signatures are legalized and acts as a legal binding.
 In the United States, the electronic signatures are legal and
recognized as the handwritten signatures after the approval of the
following acts:
 Uniform Electronic Transactions Act (UETA) in 1999
 Electronic Signatures in Global and National Commerce Act
(ESIGN) in 2000
 Combined together, these two acts – UETA and ESIGN ACT allow
the usage of electronic signatures to replace the handwritten
signatures. It is required that an electronic signature meets the four
legal hallmarks of the e-signature.

21. four requirements for an
electronic signature (valid by
US Law)
 The signer is who he/she claims to be. An electronic signature is
the identity of the signer. If required, the identity of the signer could
be authenticated or verified using a number of digital markers such
as an IP address.
 The intention of the signer to sign is clear. The terms of the
document/ contract/ transaction should have been communicated
well with the signer. The signer should be intentionally agreed to
undergo the e-signing procedure.
 It could be verified that the signature is associated with the
signed document. This parameter basically involves the signing
process such as how the document was signed, which process the
signer completed, and which documentation supports the electronic
transaction involving e-signature.
 The record should be retained by the creator or sender. The
electronic signature records and documents should be created to
retain and reproduce accurately for further reference by all the
parties and individuals who are responsible to retain the record or
contract.

22. Types of Electronic Signature
 Click-to-Sign Signatures (check box)
 Basic Electronic Signatures (witness digital signature,
just like paper sign)
 Advanced Electronic Signatures (standard
signature, legally binding). eIDAS-regulation regarding
electronic identification and electronic transactions in the
internet market, is known as the advanced electronic
signature.
 Qualified Electronic Signatures (produced through
qualified trust service providers (QTSPs), carries the
highest probative value)

23. “Click to
Sign”
Basic e-
Signatures
Advanced
eSignatures
Qualified
eSignatures
User Authentication No No Yes Yes
User Consent No No Yes Yes
User’s Signature Mark Yes Yes Yes Yes
Document Integrity No Yes Yes Yes
Bind Signer’s ID to Doc No No Yes Yes
Certify Signature No No Yes Yes
Embedded Evidence No No Yes Yes
Long Term Verifiability No No Yes Yes

24. Electronic Signature Used for
 Invoices, sales contracts, and NDAs
 Employee paperwork, timesheets, and approve
proposals
 School forms, permission slips, and release
forms
 Leases, property, and other housing and rental
agreements
 Bank forms, tax documents, and insurance forms

25. can not use e-signatures
while dealing with
Marriage registration
Family law, and
Inheritance rights

26. Benefits of Using Electronic
Signature
 Get documents signed fast
 Sign documents from anywhere
 Save money with e-signature software
packages
 Collect secure and legally binding signatures
 Effort and time saving to handle technical
hassles
 Increased service and efficiency

27. Certifying Authorities
Section 2 (1)(g)
Certifying authority means a person
who has been granted a licence to
issue and electronic signature
certificate under section 24 of IT ACT,
2000.

28. Certifying Authorities
 The information Technology Act, 2000 has established a
Certifying Authority to regulate the electronic
transactions.
 Trusted person who issue Digital Certificates & public-
private key pairs.
 It assures that the one who is transferring the certificate
is, in fact, he or she claims to be/ proves the owner of
the certificate. (authentication)
 When one applies for digital license or digital. Certificate
then the third party who verifies the physical documents
is also certifying authorities
Introduction & roles of Certifying Authorities

29. The Act provide for the Controller of
Certifying Authorities (CCA) to licence
and regulate the working of Certifying
Authorities (CAs). CCA also ensures
that none of the provisions of the Act
are violated.

30.  The regulation of certifying authorities or electronic signature
infrastructure in India consists of :
 Controller of Certifying Authority (CCA). The IT Act, 2000
provides for an appointment, functions, powers, duties of CCA
(the apex regulatory body for certifying authorities in India) and
other officers.
 Certifying Authorities (CAs). A certifying authority is a trusted
third party or entity that will get licence from the controller and
will issue electronic signature certificate to the users of e-
commerce. These authorities will function under the supervision
and control of the controller of certifying authorities.

31. Who can be applicant for CA
Individual
Company
Partnership Firm
Government

32. General Conditions for
applicants
 No conditions will apply to government but other three
entities must fulfill the same.
 No licence shall be provided in case of failure in
satisfying conditions with respect to Qualification,
expertise, manpower, financial resources and
infrastructure facilities as prescribed by the central
government.
Licence granted under this section shall be :
 Valid for period prescribed by Central govt.
 Not be transferable or heritable
 Subjected to such terms and conditions as may be
specified by the regulations.

33. Conditions for an individual
Citizen of India
Must have capital of 5 crore rupees or
more in his business or profession

34. Conditions for a Company
Must have paid-up capital of not less than 5
crore rupees and networth of not less than 50
crore rupees
Provided no company shall be eligible for
grant of licence if equity share capital held by
NRI exceeds 49% of its capital.
Provided further company must have the
networth of its majority shareholders holding
at least 51 % of paid up capital

35. Conditions for a Partnership
Firm
 Must have subscribed capital of not less than 5
crore rupees and networth of not less than 50
crore rupees (total of all partners)
 Partner and partnership shall have the meaning
under Indian Partnership Act, 1932.
 Provided no company shall be eligible for grant of
licence if equity share capital held by NRI
exceeds 49% of its capital.
 Provided further company must have the
networth of its majority shareholders holding at
least 51 % of paid up capital

36. Condition regarding
performance bond
Except government , other three applicants must
submit the performance bond in the form of a
banker’s guarantee from a schedule bank of 50
lac rupees.
In case of newly registered company or firm
must have submit the bond of 1 crore rupees,
not applicable only when , newly established
company or firm acquired net worth not less
than 50 crore in last one year only

37. Some licence certifying
authorities in India
Safescrypt
National Informatics Centre (NIC)
Tata Consultancy Services (TCS)
e Mudra
Capricorn

38. Regulation of Certifying
Authorities (Section 17 to 34)
 Section 17 : Appointment of controller &other officers
(Certifying Authorities).
 The Central government may appoint a controller but after
notifying in the official gazette. they may also appoint deputy
controllers and assistant controllers.
 Controller works under the direction of central government
while deputy controllers and assistant controllers shall perform the
functions under the control of controller.
 Qualification of the officer shall be prescribed by central government
and the controller will be given a office seal.
 The Head office and branch office will be decided by Central
government.
 There will be office seal of controller.

39.  Section 18 functions of controller.
 basically the controller supervise the activity of certifying
authorities.
 It also lay down the duties of certifying authorities.
 Controller resolve any conflict between certifying authorities and
subscribers.
 Maintain a database containing record of every certifying authority.
 It certifies public keys of the certifying Authorities
 It specifies manner in which books of account shall be maintained.
 It also specify the terms and conditions subject to which auditors
may be appointed and the remuneration to be paid

40.  Section 19 : It is for recognition of foreign certifying
authority.
 Controller first get the approval from central government
and by notification in official gazette, foreign certifying
authority will be recognized.
 The digital signature certificate will be valid for the purpose of
this act.
 The controller may revoke such recognition if certifying
authority contravened any condition subject to which it was
recognised.

41.  Section 20 : Controller to act as repository
 Controller shall be repository of all digital signature
certifiacate
 shall observe the standards as may be prescribed by
central govt. to ensure the security and secrecy of digital
signature.
 Maintained a computerised data base of all the public
keys
 Shall use hardware software and procedure that are
secure

42.  Section 21 : Licence to issue digital signature certificates
 any person may make an application to the controller for a
licence to issue digital signature certificates.
 No licence shall be provided in case of failure in satisfying
conditions with respect to Qualification, expertise, manpower,
financial resources and infrastructure facilities as prescribed
by the central government.
Licence granted under this section shall be :
 Valid for period prescribed by Central govt.
 Not be transferable or heritable
 Subjected to such terms and conditions as may be specified
by the regulations.

43. Section 22 : Application for licence
 must be in prescribed form given by central
government
A certification practice statement
Statement including identification of applicant
Payment of fees (not exceed 25 k)
Other documents

44. Section 23 : Renewal of Licence
In a prescribed form, accompanied by
prescribed form,
Have to apply not less than 45 days
before the date of expiry.

45. Section 24: Procedure for grant or
rejection of licence
Verifying the documents with application
and then he will grant or reject the
application
Reasonable opportunity of presenting
applicants case will be given before
rejecting the application.

46. Section 25 : Suspension of licence
 in case of incorrect or false statement
presented by CA or not complying with
terms and conditions.

47.  section 26 notice of suspension or revocation of license (published in
database)
 Section 27 power to delegate (duties & all to subordinates)
 section 28 power to investigate contraventions (rights with all CA)
 section 29 access to computers and data (in case of breach of
conditions)
 section 30 certifying authority to follow certain procedure (hardware
software must be secured)
 section 31 certifying authority to ensure compliance of the act et
cetera (comply course of rule)
 section 32 display of license
 section 33 surrender of license (after revocation of license)
 section 34 disclosure (materially or adversely affecting the reliability
of digital signature certificates.)

48. E-Governance
Electronic Governance is the process
with the aim of enhancing govt. ability to
address the need of the general public.
The basic purpose of e-Governance is
to simplify process for all i.e. Govt.,
citizen, business etc. at National, State
and local level.

49. E-Governance
E-governance is the application of information
and communication technology (ICT) for
delivering government services, exchange of
information, communication transactions,
integration of various stand-alone system.
The basic purpose of e-governance is to
simplify processes for all, i.e. government,
citizens, businesses, etc. at National, State and
local levels.

50. In short, it is the use of electronic means,
to promote good governance. It connotes the
implementation of information technology in the
government processes and functions so as to
cause simple, moral, accountable and
transparent governance. It entails the access
and delivery of government services,
dissemination of information, communication in
a quick and efficient manner.

51. Types of Interactions in E-
Governance
 G2G (Government to Government): When the exchange of
information and services is within the periphery of the
government, is termed as G2G interaction. This can be both
horizontal, i.e. among various government entities and vertical,
i.e. between national, state and local government entities and
within different levels of the entity.
 G2C (Government to Citizen): The interaction amidst the
government and general public is G2C interaction. Here an
interface is set up between government and citizens, which
enables citizens to get access to wide variety of public
services. The citizens has the freedom to share their views
and grievances on government policies anytime, anywhere.
(E-voting or tax file)

52. Types of Interactions in E-
Governance
 G2B (Government to Business): In this case, the e-
governance helps the business class to interact with the
government seamlessly. It aims at eliminating red-tapism,
saving time, cost and establish transparency in the business
environment, while interacting with government. (E-tender, e-
finacial support)
 G2E (Government to Employees): The government of any
country is the biggest employer and so it also deals with
employees on a regular basis, as other employers do. ICT
helps in making the interaction between government and
employees fast and efficient, along with raising their level of
satisfaction by providing perquisites and add-on benefits.
(online payment to govt. employees)

53. Benefits
 Reduced Corruption
 High Transparency (linked AD card, PAN card)
 Increased Convenience
 Growth in GDP
 Direct participation of Constituents
 Expanded reach of government
 Increases speed and saving cost

54. E-Governance (Section 4 to10
A)
 Section 4: Legal Recognition of Electronic record
 Section 5: Legal Recognition of Electronic Signature
 Section 6: Use of e-records and e-signature in govt.
and it’s agencies.
 Section 6 A: Delivery of services by service provider
 Section 7: Retention of electronic records
 Section 7 A: Audit of documents etc. maintained in
electronic form.

55. Section 8: Publication of rule, regulations
etc. in electronic gazette.
Section 9: Sec 6, 7 & 8 not to confer rights
to insist document should be accepted in
electronic form
Section 10: power to make rules by central
govt. in respect or e-signature.
Section 10 A: Validity of contracts formed
through electronic means.

56. Offences and penalties under
IT Act,2000 (Section 65 to 71)
 Section 65 : Tampering with computer source documents (conceals,
destroys, alters, etc. intentionally done) The object of the section is to
protect the “intellectual property” invested in the computer.
 Section 66 : Hacking with computer system (related to Sec 43)
 Section 66 A : 2009 amendment for sending offensive messages
 Section 66 B: Receiving stolen computer or communication device
 Section 66 C: using password of another person& identity theft
(fraudulently using password, signature or UID or OTP)
 Section 66 D: Cheating by personating by using computer resource
 Section 66 E: (Violation of privacy) Publishing Private images of others
 Section 66 F: Acts of cyber terrorism, to strike terror (against country’s
integrity, security, sovereignty, unity)

57.  Section 67: Publishing information which is obscene in electronic
form. ( immoral, not decent)
 Section 67 A: Publishing images containing sexual act
 Section 67 B: Publishing child porn or predating children online
 Section 67 C:Failure to maintain /retain records
 Section 68: Failure/refusal to comply with orders of controller
 Section 69: Failure/ refusal to decrypt the data (for india)
 Section 70: Securing access or attempting to secure access to a
protected system
 Section 71: Misrepresentation (about material Fact)

58. Case-law
Girl victim Boy culprit
 Obscene message
 Published offensive message
 Create fake FB profile, uploaded obscene image
 Section applied 66C 66D 67 67A
Shreya Singhal vs Union of India (sec 66A)
2015
 Bal Thackery’s death and Mumbai was announced to be shut down;
2012
 2 Girls posts against it on face book
 Sec 66A, 69A and 79 of IT Act are against Article 19(1)(a)-(Freedom of
expression), Article 14-(Right to Equality), Article 21- (Right to life)

59. Feb 2017 Delhi based E-commerce
company portal (hackers done the
digital shop lifting)
Raj Kundra case
 Sec 67 publishing or transmission of obscene
 Sec 67 A Publishing images
 Sec 67 B Child pornography

60. Section Offence Penalty
65 Tampering with computer source documents
Imprisonment up to 3 years, or/and with fine up
to Rs 200,000
66 Hacking with computer system
Imprisonment up to 3 years, or/and with fine up
to Rs 500,000
66B Receiving stolen computer or communication device
Imprisonment up to 3 years, or/and with fine up
to Rs 100,000
66C Using password of another person
Imprisonment up to 3 years, or/and with fine up
to Rs 100,000
66D Cheating using computer resource
Imprisonment up to 3 years, or/and with fine up
to Rs 100,000
66E Publishing private images of others
Imprisonment up to 3 years, or/and with fine up
to Rs 200,000
66F Acts of cyber terrorism Imprisonment up to life.
67
Publishing information which is obscene in
electronic form.
Imprisonment up to 5 years, or/and with fine up
to Rs 1,000,000
67A Publishing images containing sexual acts
Imprisonment up to 7 years, or/and with fine up
to Rs 1,000,000
67B Publishing child porn or predating children online
Imprisonment up to 5 years, or/and with fine up
to Rs 1,000,000 on first conviction. Imprisonment up
to 7 years, or/and with fine up to Rs 1,000,000 on
second conviction.
67C Failure to maintain records Imprisonment up to 3 years, or/and with fine.

61. Section Offence Penalty
68 Failure/refusal to comply with orders
Imprisonment up to 2 years, or/and with fine up
to Rs100,000
69 Failure/refusal to decrypt data Imprisonment up to 7 years and possible fine.
70
Securing access or attempting to secure access to
a protected system
Imprisonment up to 10 years, or/and with fine.
71 Misrepresentation
Imprisonment up to 2 years, or/and with fine up
to Rs100,000
72 Breach of confidentiality and privacy
Imprisonment up to 2 years, or/and with fine up
to Rs100,000
72A
Disclosure of information in breach of lawful
contract
Imprisonment up to 3 years, or/and with fine up
to Rs500,000
73
Publishing electronic signature certificate false in
certain particulars
Imprisonment up to 2 years, or/and with fine up
to Rs100,000
74 Publication for fraudulent purpose
Imprisonment up to 2 years, or/and with fine up
to Rs100,000

62. Penalties and Compensation
(Section 43 to 45)
 Section 43: Penalty & compensation for damage to computer, computer
system, etc. (access or copy or destroy or delete)( penalty shall not
exceeds 1 crore rupees) (spyware)
 Section 43 A: Compensation for failure to protect data (for corporate
body)(penalty shall not exceed 5 crore rupees)
 Section 44: penalty for failure to furnish information, returns, etc. (for an
individual) (penalty shall not exceed 1.5 lac rupees)
 Section 44 B: Required to file any returns within time period (for an
individual) (penalty shall not exceed 5 K rupees)
 Section 44 C: Fails to maintain books of accounts (for an individual)
(penalty shall not exceed 10 k rupees)
 Section 45: Residuary Penalty (such contravention and penalties (for a
person) which are not mentioned seperately (penalty shall not exceed 25 K
rupees)

63. Cyber Appellate Tribunal
(Section 48 to 58)
Section 48 Establishment
The central government notifies and
establishes appellate tribunals called
Cyber Regulations Appellate Tribunal.
Central government also specifies all the
matters and places which fall under the
jurisdiction of the tribunal.

64.  Section 49 Composition
 Central government only appoints a person in a tribunal
“The Presiding Officer” of cyber appellate tribunal
(before amendments)
 After 2008, one chairperson and few members ( central
govt. can consult with CJI)
 One branch includes one chairperson and two members
(can use CAT’s power)
 Transfer of two other member is possible by chair
person

65.  Section 50 Qualification for appointment as Chairperson &
Members
 For chairperson Same as Judge of a high court (article 217,
Indian citizen and 10 years experience as advocate in HC or
10 years experience as judicial officer in india)
 For Members (special knowledge & professional Experience
in IT, Telecommunications, Industry. Management, Consumer
Affairs)
 Must have worked in service of central or state govt. or
additional secretary of govt. of india or equivalent post for at
least 1 year or joint secretary or equivalent post for at least 7
year.

66. Section 51: The term of Office
5 years from the date of joining or until
he turns into 65, w.i.e.
Must not have personal benefit.
Must retire from the current services.

67.  Section 52: Salary, allowances and other terms
and conditions of service of Presiding Officer.
 Decided by central govt.
 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 of a Cyber Appellate
Tribunal shall be such as may be prescribed

68.  Section 52 A: Power of chairperson General
superintendence & directions in affairs of tribunal
 Section 52 B: Distribution of business among
benches/branches
 Section 52 C: Power of chairperson to transfer
cases Application by the party, after hearing the
case, without notice also
 Section 52 D: Decision by Majority

69. Section 53 Filling up of vacancies
To fill the vacancy central government
hires another person except temporary
reason
Proceedings will continue with new
officer.

70.  Section 54: Resignation or Removal
 Notice to central government
 Holds the office for 3 month after notice (can leave early
only if govt. permits)
 Or
 Till appointment of successor
 Or
 Expiry of his office, w.i.e.
 Removal in case of misbehavior by officer, case will be
file by supreme court and enough opportunity will be
given to defend himself.

71.  Section 55: Orders constituting Appellate Tribunal
to be final and not to invalidate its proceedings
 Section 56: Staff of the Cyber Appellate Tribunal
The Central Government shall provide the
Cyber Appellate Tribunal with such officers
and employees as that Government may think fit.
 The officers and employees of the Cyber Appellate
Tribunal shall discharge their functions under
general superintendence of the Chairperson.

72.  Section 57: Appeal to cyber Appellate Tribunal
 If not satisfied with controller or adjudicating officer’s
order then only one can go to appeal in CAT within 45
days with fees.
 In case of any considerable reason of being late in
appealing, the tribunal can consider such case.
 2 copies of orders one with adjudicating officer and
other with all parties.
 CAT ties to dispose such appeal within 6 month

73.  Section 58: Procedure and powers of Cyber Appellate Tribunal
 All proceedings will be same as judicial proceedings of civil
court.(principles of natural justice, code of civil procedures,1908)
 According to code of civil procedures,1908 Summon, examining on
Oath
 Production of documents
 Evidence on affidavits
 Issuing commission for examining
 CAT can review its own decisions
 Dissmiss the application

74.  Section 59: right to legal representation (self or
legal practitioner)
 Section 60: limitation (Act 1963)
 Section 61: Civil court not to have Jurisdiction
 Section 62: Appeal to HC within 60 days to order or
judgement
 Section 63: Compounding of contraventions
(should not exceed the max. amt of penalty)
 Section 64: Recovery of penalty or compensation
(land revenue or suspension of ESC)