Information Technology Act, 2000
58. Procedure and powers of the Cyber
Appellate Tribunal. –
(1) The Cyber 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 Cyber Appellate Tribunal
shall have powers to regulate its own procedure including the place at which it
shall have its sittings.
(2) The Cyber 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) 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;
(g) any other matter
which may be prescribed.
(3) Every proceeding before the Cyber
Appellate Tribunal shall be deemed to be a judicial proceeding within the
meaning of section 193 and 228, and for the purposes of section 196 of the
Indian Penal Code(45 of 1860) and the Cyber 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).