Composition, power and functions of Cyber Appellate Tribunal

• Introduction:

The Cyber Appellate Tribunal (CAT) is an adjudicating body established under the Information Technology Act, 2000 (IT Act). It was set up in 2006 to provide a forum for hearing appeals against the orders passed by Adjudicating Officers under the IT Act.

The CAT is a specialized tribunal that deals exclusively with cases related to cybercrime and digital evidence. Its jurisdiction covers the whole of India, and it has its headquarters in New Delhi. The CAT is a quasi-judicial body, which means that it has powers similar to those of a court, but it does not have the full range of powers that a court has.

The CAT is headed by a chairperson, who is a retired judge of the High Court, and is assisted by other members, including technical members who have expertise in the field of information technology. The technical members are responsible for assisting the tribunal in understanding the technical aspects of the cases that come before it.

The CAT has the power to hear and decide appeals against orders passed by Adjudicating Officers under the IT Act. It also has the power to review its own decisions and pass appropriate orders. The CAT can pass orders, including directions for the release of seized property, imposition of penalties, and award of compensation.

In order to file an appeal before the CAT, the appellant must deposit a fee of Rs. 1,000, and the appeal must be filed within 45 days from the date of the order passed by the Adjudicating Officer. The CAT has the power to condone the delay in filing the appeal if it is satisfied that there was sufficient cause for the delay.

Cyber Appellate Tribunal is an important adjudicating body that deals with cases related to cybercrime and digital evidence. It provides an efficient and specialized forum for hearing appeals against orders passed by Adjudicating Officers under the IT Act, and its decisions have a significant impact on the development of cyber law in India.

• 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. Here is a detailed explanation of the history of the Cyber Appellate Tribunal.

The Information Technology Act, 2000, came into effect on 17 October 2000, 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.

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.

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 were 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.

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.

• Composition of CAT:

The CAT was established in 2006 as a mechanism to ensure speedy and efficient disposal of appeals related to cybercrime and electronic transactions.

Composition of Cyber Appellate Tribunal:

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.

• 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:

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

Procedure of Cyber Appellate Tribunal: 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. The CAT may also exercise the power of a civil court in terms of summoning and enforcing the attendance of any person, examining him on oath, and compelling the production of documents.

Appeals to the Cyber Appellate Tribunal: Any person aggrieved by an order passed by an Adjudicating Officer under the Information Technology Act, 2000 can file an appeal to the CAT within 45 days of the order being passed. The appeal must be in the prescribed format and must be accompanied by the prescribed fee.

• Power of Cyber Appellate Tribunal:

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.

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.

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.

• Functions of Cyber Appellate Tribunal:

The functions of the Cyber Appellate Tribunal are diverse and crucial, and it plays a vital role in the enforcement of the IT Act in India. The following are some of the significant functions of the Cyber Appellate Tribunal:

1. Adjudication of Appeals: The primary function of the Cyber Appellate Tribunal is to hear and decide appeals against the orders passed by the Adjudicating Officer under the IT Act. The CAT has the power to hear and dispose of the appeal within a specific time frame.
2. Issuing of Orders and Directions: The Cyber Appellate Tribunal has the authority to issue orders and directions to any person or authority under the IT Act. It can direct the parties concerned to take any necessary action, issue orders for the discovery and production of any document, summon and enforce the attendance of witnesses, and examine them under oath.
3. Adjudication of Disputes: The CAT can adjudicate on disputes between two or more Certifying Authorities under the IT Act.
4. Award of Compensation: The Cyber Appellate Tribunal has the power to 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. The tribunal can also levy fines and impose penalties on the parties concerned.
5. Appointment of Experts: The CAT has the power to appoint experts to assist it in its proceedings. The experts may be appointed to provide technical assistance and advice to the tribunal.
6. Regulation of Procedures: The Cyber Appellate Tribunal has the power to regulate its own procedures and the procedures of the Adjudicating Officer. It can lay down the rules and regulations for the conduct of proceedings before it and prescribe the manner and form of filing the appeal.
7. Deciding Matters Referred by Central Government: The CAT can hear and decide any matter that may be referred to it by the Central Government or any other authority.

Cyber Appellate Tribunal functions are essential, and its decisions are binding and enforceable. The CAT is a specialized body that has the technical expertise and knowledge to deal with complex issues related to the IT Act. It provides an efficient and effective mechanism for the redressal of grievances arising from the implementation of the IT Act.

• The legality of Cyber Appellate Tribunal:

The legality of the Cyber Appellate Tribunal can be examined from various perspectives, as discussed below.

1. Constitutional Legality: The establishment of the Cyber Appellate Tribunal is in line with the provisions of the IT Act, 2000, which was enacted by the Parliament of India. The IT Act provides for the establishment of specialized bodies like the Cyber Appellate Tribunal to deal with the emerging issues related to cybercrimes and cyber-security. The Constitution of India empowers the Parliament to make laws on subjects mentioned in the Union List, and the IT Act falls under the Union List. Thus, the establishment of the Cyber Appellate Tribunal is constitutionally legal.
2. Jurisdictional Legality: The Cyber Appellate Tribunal has been established under the IT Act and has the jurisdiction to hear and decide appeals against the orders passed by the Adjudicating Officer under the Act. The CAT has the power to adjudicate on disputes between Certifying Authorities, hear and decide any matter referred to it by the Central Government, and regulate its own procedures. The IT Act provides for the powers, functions, and procedures of the Cyber Appellate Tribunal, and any decision, order, or direction passed by the CAT is binding and enforceable.

3. Procedural Legality: The Cyber Appellate Tribunal follows the procedures laid down in the IT Act for the conduct of its proceedings. The CAT has the power to regulate its own procedures and the procedures of the Adjudicating Officer. The tribunal can summon and enforce the attendance of witnesses, examine them under oath, and order for the discovery and production of any document. The CAT can also appoint experts to assist it in its proceedings. All these procedures are in line with the principles of natural justice and ensure fair and transparent hearings.

The cyber appellate tribunal is legal and constitutional, as it is in line with the provisions of the IT Act, which was enacted by the Parliament of India. The CAT has the jurisdiction and the powers to hear and decide appeals against the orders passed by the Adjudicating Officer under the IT Act. The procedures followed by the Cyber Appellate Tribunal are fair and transparent and ensure the principles of natural justice. Therefore, the Cyber Appellate Tribunal is a legitimate and legally valid body that plays a crucial role in the enforcement of the IT Act in India.

• Conclusion:

The CAT plays a vital role in the enforcement of 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 it by the Central Government or any other authority.

The establishment of 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 the implementation of the IT Act.

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