Introduction

Computers, the Internet, and ICT, or e-revolution, have transformed people's lives
in the twenty-first century. E-communication has mostly replaced paper-based
communication in recent years. As a result, new terms like the cyber world, e-
transaction, e-banking, e-return, and e-contracts have emerged. Aside from the good
aspects of the e-revolution, there is also a bad aspect of computers, namely, the
internet and ICT in the hands of criminals, which has turned into a weapon of
crime. As a result, a new panel of members, known as Cyber Law, Cyber Space Law,
Information Technology Law, or Internet Law, was formed to address the issues of
cybercrime in cyberspace.
Cyber legislation and the Information Technology Act of 2000, as amended in 2008,
are being developed in India to combat computer crimes.

The Cyber Appellant Tribunal was created under the Information Act of 2000. The
tribunal solely has appellant jurisdiction, as its name implies. As a result, it
has the ability to exercise its appellant jurisdiction over a judgment or order
made by the Controller of Certifying Authorities or the adjudicating official, both
on the facts and in law. In other words, it has the legal authority to investigate
the decision or order's accuracy, legality, and
propriety.

Establishment of the Tribunal (Section 48)

This Section explains how the Cyber Appellant Tribunal will be established. The
central government will issue a notification establishing one or more appellant
tribunals.
The Central Government also lists all of the subjects and locations that come under
the Tribunal's jurisdiction in the announcement.

Composition (Section 49)

This Section explains that the Presiding Officer of the Cyber Appellate Tribunal,
who will be nominated by the Central Government, will be the sole member of the
Cyber Appellate Tribunal. The appellant tribunal has been transformed into a multi-
member body.
The Tribunal will henceforth be composed of a Chairperson and as many additional
members as the Central Government may designate by publication in the Official
Gazette. The Central Government, in collaboration with the Chief Justice of India,
selects the Chairperson and Members of the Tribunal. The Tribunal's Presiding
Officer is now known as the Chairperson.

Qualifications for appointment (Section 50)

Section - A person cannot be appointed as the Presiding Officer of a Cyber
Appellate Tribunal unless he or she has the following
qualifications:
• Is, or has been, or is qualified to be, a Judge of a High Court; or
• Is or was a member of the Indian Legal Service, and now holds or has
held a Grade I position in that service for at least three
years.

The Term of Office (Section 51)

Section - The Presiding Officer of a Cyber Appellate Tribunal serves for five years
from the date of appointment or until he reaches the age of 65, whichever comes
first.

Working of Appellate Tribunal

Sec. 57 - Appeal to Appellate Tribunal.–
(1) Save as provided in sub-section (2), any person aggrieved by an order made by
controller or an adjudicating officer under this Act may prefer an appeal to a
Appellate Tribunal having jurisdiction in the matter.
(2) No appeal shall lie to the Appellate Tribunal from an order made by an
adjudicating officer with the consent of the parties.
(3) Every appeal under sub-section (1) shall be filed within a period of forty-five
days from the date on which a copy of the order made by the Controller or the
adjudicating officer is received by the person aggrieved and it shall be in such
form and be accompanied by such fee as may be prescribed:
Provided that the Appellate Tribunal may entertain an appeal after the expiry of
the said period of forty-five days if it is satisfied that there was sufficient
cause for not filing it within that period.
(4) On receipt of an appeal under sub-section (1), the Appellate Tribunal may,
after giving the parties to the appeal, an opportunity of being heard, pass such
orders thereon as it thinks fit, confirming, modifying or setting aside the order
appealed against.
(5) The Appellate Tribunal shall send a copy of every order made by it to the
parties to the appeal and to the concerned Controller or adjudicating officer.
(6) The appeal filed before the Appellate Tribunal under sub-section (1) shall be
dealt with by it as expeditiously as possible and endeavour shall be made by it to
dispose of the appeal finally within six months from the date of receipt of the
appeal.

Sec. 52D - Decision by majority

If the Members of a Bench consisting of two Members differ in opinion on any point,
they shall state the point or points on which they differ, and make a reference to
the Chairperson of the Appellate Tribunal who shall hear the point or points
himself and such point or points shall be decided according to the opinion of the
majority of the Members who have heard the case, including those who first heard
it.

Sec. 58 - Procedure and powers of the Appellate Tribunal.–

(1) The 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 Appellate Tribunal shall have powers to regulate its own procedure including
the place at which it shall have its sittings.
(2) The 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. c. d. e. f. g.
requiring the discovery and production of documents or other electronic records;
receiving evidence on affidavits;
issuing commissions for the examination of witnesses or documents;
reviewing its decisions;
dismissing an application for default or deciding it ex parte; any other matter
which may be prescribed.
(3) Every
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 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).

Sec. 59 - Right to legal representation.

The appellant may either appear in person or authorise one or more legal
practitioners or any of its officers to present his or its case before the
Appellate Tribunal.

Sec. 61 - Civil court not to have jurisdiction

No court shall have jurisdiction to entertain any suit or proceeding in respect of
any matter which an adjudicating officer appointed under this Act or the Appellate
Tribunal constituted under this Act is empowered by or under this Act to determine
and no injunction shall be granted by any court or other authority in respect of
any action taken or to be taken in pursuance of any power conferred by or under
this Act.

Sec. 62 - Appeal to High Court

Any person aggrieved by any decision or order of the Appellate Tribunal may file an
appeal to the High Court within sixty days from the date of communication of the
decision or order of the Appellate Tribunal to him on any question of fact or law
arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said period, allow
it to be filed within a further period not exceeding sixty days.

In M/s. Gujarat Petrosynthese Ltd. and Mr. Rajendra Prasad Yadav v. Union of India
it sought for a direction to the Respondent to designate a Chairperson to the Cyber
Appellate Tribunal (CAT) in order to guarantee that the tribunal's hearings were
convened on a regular basis.
In court, it was said that the department would take all necessary steps to fill
the position of chairman within the time limit of six months, and that attempts
would be made to appoint the chairperson even before the time limit expired, in the
public interest. On these grounds, the petition was dismissed.
Despite the above judgment, no appointment to the cyber appellate tribunal has been
made as of yet, and it has been inactive since 2011.