Section 46 of ITA, 2000 : Section 46: Power To Adjudicate

(1) For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, direction or order made thereunder which renders him liable to pay penalty or compensation, the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government. (1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed rupees five crore: Provided that the jurisdiction in respect of the claim for injury or damage exceeding rupees five crores shall vest with the competent court. (2) The adjudicating officer shall, after giving the person referred to in sub-section (1) a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty or award such compensation as he thinks fit in accordance with the provisions of that section. (3) No person shall be appointed as an adjudicating officer unless he possesses such experie...

Simplified Explanation of Section 46 of The Information Technology Act, 2000 Appointment of Adjudicating Officers: The Indian government will appoint high-ranking officials to investigate and decide if someone has broken the rules of the Information Technology Act or related regulations. These officials must be at least at the level of a Director in the government or an equiva...

Let's consider a hypothetical scenario. Mr. Sharma, a resident of Delhi, runs an online business through his website. He finds out that his website has been hacked and sensitive data has been stolen. The estimated damage caused by the breach is ₹4 crores. Mr. Sharma decides to file ...