👨‍⚖️ Part 7.2

Adjudicating Officers — Powers & Procedure

"The Specialized Tribunal for Cyber Civil Disputes"

Master the IT (Adjudicating Officers) Rules 2003, complaint filing, evidence requirements, and obtaining compensation orders.

2.1

Qualification & Appointment — Rule 3

📖 IT (Adjudicating Officers) Rules, 2003
Qualifications for Appointment
"Not below rank of Director to Government of India or equivalent State officer; adequate knowledge in IT and legal matters."
📋 Key Qualifications

Rank: Director-level or equivalent (IAS/State Civil Service)

Knowledge: IT + Legal dual competency required

Typical: IT Secretary of State Government

Capacity: Quasi-judicial — not bound by executive direction

2.2

Powers — Section 46(3)

📩
Summon
Parties & witnesses
📄
Documents
Order production
🔍
Inspect
Records & systems
📝
Affidavits
Receive evidence
👨‍💻
Experts
Appoint technical
💰
Award
Up to ₹5 Cr
2.3

Procedure Flowchart

📋 Adjudication Steps
1
File Complaint
Written complaint with facts, evidence, compensation
2
Notice to Respondent
AO serves notice with complaint copy
3
Reply (30 days)
Respondent files written statement
4
Hearing
Evidence, arguments, expert if needed
5
Order
Reasoned order with compensation
6
Appeal (45 days)
TDSAT under Section 57
2.4

Evidence Requirements

📋 Evidence Checklist

Documentary: Forensic report, system logs, IP logs, emails, screenshots

Financial: Loss computation, restoration invoices, contracts lost

Expert: Technical affidavit, data valuation

Mandatory: Section 65B certificate for all electronic evidence

⚠️ Section 65B Certificate

Certificate must state: (a) Electronic record identified; (b) Computer operated properly; (c) Contents reproduced accurately; (d) Signed by person in charge of computer

Without 65B: Electronic evidence inadmissible (Anvar P.V. v. P.K. Basheer)

2.5

Compensation Heads

💰 Damages Computation

1. Direct Loss: Value of data/systems damaged

2. Restoration: Recovery, repair, forensic costs

3. Business Interruption: Revenue lost during downtime

4. Consequential: Lost contracts, customers, reputation

5. Legal Costs: Attorney fees, filing costs

6. Punitive: Where conduct egregious (discretionary)

🎯 Key Takeaways — Part 7.2

  • AO must be Director-rank with IT + legal knowledge
  • Powers of civil court: summon, documents, inspect, expert appointment
  • Compensation up to ₹5 crore per contravention
  • Procedure: Complaint → Notice → Reply → Hearing → Order
  • Appeal to TDSAT within 45 days under Section 57
  • Section 65B certificate mandatory for all electronic evidence
  • Compensation heads: Direct + Restoration + Interruption + Consequential
  • Territorial: Where computer located OR contravention OR victim resides

📝 Assessment — Part 7.2 (10 Questions)

1. Minimum rank for Adjudicating Officer:
Rule 3 specifies not below rank of Director to GoI or equivalent.
2. Maximum compensation AO can award:
Adjudicating Officer can award compensation up to ₹5 crore.
3. Appeal from AO lies to:
Section 57 provides appeal to TDSAT from AO orders.
4. Limitation for TDSAT appeal:
Section 57 prescribes 45 days limitation for TDSAT appeal.
5. Section 65B certificate is:
Section 65B certificate is mandatory for admissibility of electronic evidence.
6. AO has powers of:
Section 46(3) grants civil court powers to AO.
7. Anvar P.V. v. P.K. Basheer established:
Supreme Court held 65B certificate is mandatory condition for electronic evidence.
8. Typical time for respondent's reply:
Respondent typically gets 30 days to file reply/written statement.
9. AO can appoint:
AO can engage technical experts for complex IT issues.
10. Compensation includes:
Compensation covers multiple heads including direct, restoration, interruption, consequential damages.