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Submitted to: Submitted by:

Prof. Nitin Rastogi Rajesh Kr. Gond (165)

( IMS- Ghaziabad) Rajesh Ranjan (166)Raju Mahato (167)Ranjana Rashmi Roy (168)Rashmi Yadav (169)

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IT Act 2000Enacted on 17th May

2000- India is 12th

nation in the worldto adopt cyber laws

IT Act is based on

Model law on e-commerce adoptedby UNCITRAL

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Objectives of the IT ActTo provide legal recognition for transactions:-

Carried out by means of electronic datainterchange, and other means of electroniccommunication, commonly referred to as"electronic commerce

To facilitate electronic filing of documents with

Government agencies and E-Payments To amend the Indian Penal Code, Indian Evidence

Act,1872, the Bankers Books Evidence Act1891,Reserve Bank of India Act ,1934

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Section 46 IT ActSection 46 of the IT Act states that anadjudicating officer shall be adjudging whether aperson has committed a contravention of any ofthe provisions of the said Act, by holding aninquiry. Principles of Audi alterum partum andnatural justice are enshrined in the said section

which stipulates that a reasonable opportunity ofmaking a representation shall be granted to theconcerned person who is alleged to have

violated the provisions of the IT Act. The said Actstipulates that the inquiry will be carried out in themanner as prescribed by the CentralGovernment

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Cont...

All proceedings before him are deemed to bejudicial proceedings, every Adjudicating Officerhas all powers conferred on civil courts

Appeal to cyber Appellate Tribunal- from decisionof Controller, Adjudicating Officer {section 57 IT

Act}

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Any person has committed a contravention of any ofthe provisions of this Act or of any rule, regulation,direction or order made there under the CentralGovernment shall, subject to the provisions of sub

section (3), appoint any officer not below the rank of aDirector to the Government of India or an equivalentofficer of a State Government to be an adjudicatingofficer for holding an inquiry in the manner prescribed

by the Central Governmen.t

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The adjudicating officer shall, after giving the personreferred to in sub-section (1) a reasonable opportunityfor making representation in the matter and if, onsuch inquiry, he is satisfied that the person has

committed the contravention, he may impose suchpenalty or award such compensation as he thinks fit inaccordance with the provisions of that section.

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No person shall be appointed as an adjudicating officerunless he possesses such experience in the filed ofInformation Technology and legal or judicial

experience as may be prescribed by the CentralGovernment.

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Where more than one adjudicating officers areappointed, the Central Government shall specify byorder the matters and places with respect to which

such officers shall exercise their jurisdiction

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Every adjudicating officer shall have the powers of acivil court which are conferred on the Cyber AppellateTribunal under sub-section (2) of section (2) of section

58, and- (a) all proceedings before it shall be deemed to be

judicial proceedings within the meaning of section 193and 228 of the Indian Penal Code (45 of 1860);

(b) shall be deemed to be a civil court for the purposeof section 345 and 346 of the Code of CriminalProcedure, 1973 (2 of 1974).

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