Cyber Appellate Tribunal has been established under the IT Act under the Aegis of Controller of Certifying Authorities (CCA). A Cyber Appellate Tribunal consists of one Presiding Officer who is qualified to be a Judge of a High Court or 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 supported by other official under him/her.
The Cyber Appellate Tribunal has, for the purposes of discharging its functions under the IT Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. However, is not bound by the procedure laid down by the Code of Civil Procedure, 1908 but is guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules. The Cyber Appellate Tribunal has powers to regulate its own procedure including the place at which it has its sittings.
Every proceeding before the Cyber Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code 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.
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