Cyber Appellate Tribunal was established under the Information Technology Act, 2000. The first Cyber Appellate Tribunal in India was formed by the Central Government in accordance with the provisions described under Section 48(1) of the Information Technology Act, 2000.
The Cyber Appellate Tribunal is not guided or governed by the Code of Civil Laws but is guided by the principle of Natural Justice. It has the same power as a Civil Court.
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.
Procedure and powers of the Cyber Appellate Tribunal. –
(a) Calling and binding the attendance of any person and examining him on oath;
(b) Demanding 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.
