Information Technology Act Section 58 — Procedure and powers of the Appellate Tribunal]

CHAPTER X THE 2[APPELLATE TRIBUNAL]

Cyber Law

Summary

Sub-section (1) states that the Appellate Tribunal is not required to follow the strict procedures of the Code of Civil Procedure, 1908. Instead, it must act according to the principles of natural justice, meaning it must be fair and impartial. The Tribunal also has the power to set its own rules for how it conducts its proceedings, including deciding where it will hold its hearings, as long as these rules are consistent with the Act and any related regulations.

Sub-section (2) gives the Appellate Tribunal the same powers as a civil court when it is handling cases under this Act. Specifically, it can summon people and make them testify under oath, require the discovery and production of documents or electronic records, accept evidence given through affidavits, issue commissions to examine witnesses or documents, review its own decisions, dismiss a case if the applicant fails to appear, or decide a case without the other party being present, and handle any other matters that may be prescribed by rules.

Sub-section (3) says that all proceedings before the Appellate Tribunal are considered judicial proceedings for the purposes of certain sections of the Indian Penal Code, specifically sections 193 and 228, and also for section 196 of that Code. Additionally, the Tribunal is treated as a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, which relates to offences against public justice and certain procedural matters.

Official Text

(1) The 1[Appellate Tribunal] shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the 1[Appellate Tribunal] shall have powers to regulate its own procedure including the place at which it shall have its sittings.

(2) The 1[Appellate Tribunal] shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:–

(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.

(3) Every proceeding before the 1[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 (45 of 1860) and the 1[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 (2 of 1974).