Section 61 of ITA, 2000 : Section 61: Civil Court Not To Have Jurisdiction

Explanation using Example

Let's consider a hypothetical scenario. Suppose a software development company, ABC Pvt. Ltd., suspects that their confidential data has been breached and misused by a competitor. They believe this was enabled by a former employee who had access to their sensitive information. Pursuant to Section 43A of the Information Technology Act, 2000, ABC Pvt. Ltd. decides to bring a case against the former employee and the competitor before a civil court.

However, according to Section 61 of the Information Technology Act, 2000, the civil court would not have jurisdiction over this matter. Instead, the case should be brought before an adjudicating officer appointed under the Act or the Appellate Tribunal constituted under the Act. Therefore, any proceedings initiated by ABC Pvt. Ltd. in the civil court would be considered invalid and the civil court would not be able to grant any injunction in this matter.