Description
Cyber Regulations Appellate Tribunal ?, procedure for filing applications, offences considered by this tribunal, Powers of the Cyber Appellate Tribunal, challenges faced by tribunal.
Cyber Regulation Appellate Tribunal
To break it down..
• Cyber - A prefix that means "computer" or "computer network" • Regulation - A principle, rule, or law designed to control or govern conduct • Appellate - Having the power to hear court appeals and to review court decisions • Tribunal - A committee or board appointed to adjudicate in a particular matter. In other words, something that has the power to determine or judge
Establishment of Cyber Appellate Tribunal
• It is established by the central government
• It has the power to review the judgment/hears appeals of decisions by a lower court • The tribunal comprises of a Presiding officer to be appointed vide a notification by the Central Government.
Procedure for filing applications
• An Application to the tribunal shall be presented by the applicant in person/agent/authorized legal practitioner • The Tribunal may also permit a) More than one person to join together and file a single application if the other person has the same interest in the service matter b) an Association representing many people desirous of joining in a single application
Some offences considered by this Tribunal
• Tampering with computer source documents • Hacking with computer system
• Publishing of information which is obscene in electronic form
• Publication for fraudulent purpose
Powers of the Cyber Appellate Tribunal
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
Presiding officer of the cyber appellate tribunal
• Qualifications: (a) is, or has been, or is qualified to be, a Judge of a High Court (b) is or has been a member of the Indian Legal Service and is holding or has held a post in Grade I of that Service for at least three years. • Term of Office: (a) Five years from the date on which he enters upon his office or (b) Until he attains the age of sixty-five years whichever is earlier
Challenges faced
• To strike a balance between the interests of the Government and end users of Internet • Intermixing of legal and technical issues, an appropriate multimember Tribunal has to be constituted to look into the cyber contraventions
• Red Tape mesh problem:
(a) High court judge retires at 62 (b) Left with only a 3 year term to serve his office
doc_118835132.pptx
Cyber Regulations Appellate Tribunal ?, procedure for filing applications, offences considered by this tribunal, Powers of the Cyber Appellate Tribunal, challenges faced by tribunal.
Cyber Regulation Appellate Tribunal
To break it down..
• Cyber - A prefix that means "computer" or "computer network" • Regulation - A principle, rule, or law designed to control or govern conduct • Appellate - Having the power to hear court appeals and to review court decisions • Tribunal - A committee or board appointed to adjudicate in a particular matter. In other words, something that has the power to determine or judge
Establishment of Cyber Appellate Tribunal
• It is established by the central government
• It has the power to review the judgment/hears appeals of decisions by a lower court • The tribunal comprises of a Presiding officer to be appointed vide a notification by the Central Government.
Procedure for filing applications
• An Application to the tribunal shall be presented by the applicant in person/agent/authorized legal practitioner • The Tribunal may also permit a) More than one person to join together and file a single application if the other person has the same interest in the service matter b) an Association representing many people desirous of joining in a single application
Some offences considered by this Tribunal
• Tampering with computer source documents • Hacking with computer system
• Publishing of information which is obscene in electronic form
• Publication for fraudulent purpose
Powers of the Cyber Appellate Tribunal
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
Presiding officer of the cyber appellate tribunal
• Qualifications: (a) is, or has been, or is qualified to be, a Judge of a High Court (b) is or has been a member of the Indian Legal Service and is holding or has held a post in Grade I of that Service for at least three years. • Term of Office: (a) Five years from the date on which he enters upon his office or (b) Until he attains the age of sixty-five years whichever is earlier
Challenges faced
• To strike a balance between the interests of the Government and end users of Internet • Intermixing of legal and technical issues, an appropriate multimember Tribunal has to be constituted to look into the cyber contraventions
• Red Tape mesh problem:
(a) High court judge retires at 62 (b) Left with only a 3 year term to serve his office
doc_118835132.pptx