Section 58: Procedure And Powers Of The Appellate Tribunal | The Information Technology Act, 2000

Bare Act

(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.

(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:

  • (a) summoning and enforcing the attendance of any person and examining him on oath;
  • (b) requiring 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.

(3) Every proceeding before the 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 (45 of 1860) and the 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 (2 of 1974).

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