Section 46 Power to adjudicate
- Amendments
- 5
(1) For the purpose of adjudging under this ChapterSubstituted by Jan Vishwas (Amendment of Provisions) Act, 2023, s. 2 and Schedule, dated 11th August, 2023, with effect from 30 November 2023. Earlier read: "under this Chapter"under this Act whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, direction or order made thereunderSubstituted by Information Technology (Amendment) Act, 2008, s. 23, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "direction or order made thereunder"direction or order made thereunder which renders him liable to pay penalty or compensation, the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officerDefined in section 2(c): adjudicating officer means an adjudicating officer appointed under sub section (1) of section 46 for holding an inquiry in the manner prescribed by the Central Government.
Inserted by Information Technology (Amendment) Act, 2008, s. 23, dated 5th February, 2009, with effect from 27 October 2009(1A) The adjudicating officerDefined in section 2(c): adjudicating officer means an adjudicating officer appointed under sub section (1) of section 46 appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for injury orText omitted by amendmentThe words "injury or" omitted by Jan Vishwas (Amendment of Provisions) Act, 2023, s. 2 and Schedule, dated 11th August, 2023, with effect from 30 November 2023 damage does not exceed rupees five crore:
Inserted by Information Technology (Amendment) Act, 2008, s. 23, dated 5th February, 2009, with effect from 27 October 2009Provided that the jurisdiction in respect of the claim for injury orText omitted by amendmentThe words "injury or" omitted by Jan Vishwas (Amendment of Provisions) Act, 2023, s. 2 and Schedule, dated 11th August, 2023, with effect from 30 November 2023 damage exceeding rupees five crore shall vest with the competent court.
(2) The adjudicating officerDefined in section 2(c): adjudicating officer means an adjudicating officer appointed under sub section (1) of section 46 shall, after giving the person referred to in sub-section (1) a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty or award such compensation as he thinks fit in accordance with the provisions of that section.
(3) No person shall be appointed as an adjudicating officerDefined in section 2(c): adjudicating officer means an adjudicating officer appointed under sub section (1) of section 46 unless he possesses such experience in the field of InformationDefined in section 2(v): information includes 6[data, message, text,] images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche; 7[(w) intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits... Technology and legal or judicial experience as may be prescribed by the Central Government.
(4) Where more than one adjudicating officers are appointed, the Central Government shall specify by order the matters and places with respect to which such officers shall exercise their jurisdiction.
(5) Every adjudicating officerDefined in section 2(c): adjudicating officer means an adjudicating officer appointed under sub section (1) of section 46 shall have the powers of a civil court which are conferred on the Cyber Appellate TribunalSubstituted by Finance Act, 2017, s. 169, dated 31st March, 2017, with effect from 26 May 2017. Earlier read: "Cyber Appellate Tribunal"Appellate Tribunal under sub-section (2) of section 58, and—
(a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);
(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974);
Inserted by Information Technology (Amendment) Act, 2008, s. 23, dated 5th February, 2009, with effect from 27 October 2009(c) shall be deemed to be a civil court for purposes of Order XXI of the Civil Procedure Code, 1908 (5 of 1908).