Section 52D of ITA, 2000 : Section 52D: Decision By Majority

Explanation using Example

Let's consider a hypothetical scenario where an Appellate Tribunal is hearing a case related to a cybercrime committed under the Information Technology Act, 2000. The bench consists of two members, Member A and Member B. They are reviewing the case, but they reach a disagreement on a specific point - whether the defendant's act constitutes a violation of a certain clause of the Act.

Member A believes that the defendant's act is a violation of the clause, while Member B disagrees. According to Section 52D of the Act, both members are required to state their differing opinions and refer the matter to the Chairperson of the Appellate Tribunal. The Chairperson will then hear the point of disagreement himself.

The decision on the disputed point will be made according to the majority opinion of the members who heard the case, which includes Member A, Member B, and the Chairperson. If the Chairperson agrees with Member A, then the point of disagreement is decided in favor of Member A's viewpoint. Conversely, if the Chairperson agrees with Member B, then Member B's viewpoint is upheld.