Tuesday, August 25, 2009
Cyber Regulation Appellate Tribunal Court inaugurated [India]
The new Office and the Court Room of the Cyber Regulation Appellate Tribunal was inaugurated on July 27 . Speaking on the occasion, Mr. Justice K.G. Balakrishnan, Chief Justice of India said while administrating the regulations Tribunal will face a challenge to strike a balance between the interests of the Government and end users of internet. Highlighting the need for Tribunal, Shri A. Raja said that it will help prevent all possible cyber contraventions. Congratulating Tribunal for getting prime place to house it, Shri Sachin Pilot, Minister of State for C&IT said Tribunal is destined to a path breaking work to check cyber fraud, cyber crime and even cyber terrorism.
Speaking on the role of Department of Information Technology (DIT),Secretary, DIT said that it will facilitate and support the functioning of the Tribunal. He said in view of intermixing of legal and technical issues a multimember Tribunal has been constituted to look into the cyber contraventions. The tribunal has been established under Section 48 of the Information Technology Act. The Information Technology Act 2000 came into force on 17th October, 2000. The definition of the Information Technology Act provides as under: “Computer” means any electronic, magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network; Section 3 of the Act provides with regard to Digital signature and the Authentication of electronic records. Section 4 provides the legal recognition of electronic governance in short known as E. governance.
For adjudicating of the dispute under the Information Technology Act, Section 46 was enacted which has given the power for adjudication of the crimes. The power has been give to the Secretary, Information Technology and he has power to adjudge the quantum of compensation under Sections 46 and 47 of the Act. Section 46 provides for appointment of an adjudicating officer not below the rank of a Director to the Government of India. Every adjudicating officer shall have the powers of a civil court, which are conferred on the Cyber Appellate Tribunal under Section 48. The Act provides for penalty for damage to computer, computer system etc: penalty for failure to furnish information return; residuary penalty and publishing information which is obscene in electronic form etc.