Information Technology Act Section 47 — Factors to be taken into account by the adjudicating officer

CHAPTER IX 5[PENALTIES, COMPENSATION AND ADJUDICATION]

Cyber Law

Summary

While deciding how much compensation to order under this Chapter, the adjudicating officer must consider the factors listed below.

Under clause (a), the officer must consider the amount of unfair advantage gained from the default, wherever that gain can be quantified.

Under clause (b), the officer must consider the amount of loss caused to any person as a result of the default.

Under clause (c), the officer must consider whether the default was repetitive in nature.

Official Text

While adjudging the quantum of compensation under this Chapter, the adjudicating officer shall have due regard to the following factors, namely:–

(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.