Section 52D IT Act: Decision by majority
Information Technology Act, 2000
Section 52D IT Act at a Glance
Section 52D IT Act sets the rule when two Members on a Bench of the Appellate Tribunal disagree on any point. The Chairperson hears the disputed point, and the majority opinion of the Members who heard the case decides it.
Section 52D IT Act Bare Act Text
52D. Decision by majority.
If the Members of a Bench consisting of two Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.
Amendments to this section
- Subs. by Act 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017).
Section 52D IT Act in Simple Words
Section 52D IT Act lays down how the Appellate Tribunal resolves a disagreement when a Bench (a panel of Members hearing a case) consists of two Members and those two Members differ in opinion on any point.
When the two Members disagree, the two Members must record the specific point or points of difference and make a reference (send those disputed points for hearing) to the Chairperson of the Appellate Tribunal. The Chairperson of the Appellate Tribunal must then hear that point or those points personally.
After the Chairperson hears the referred point or points, each disputed point is decided according to the majority opinion of the Members who have heard the case, counting the two Members who first heard it. Section 52D IT Act was amended by Act 7 of 2017 with effect from 26 May 2017.
When Section 52D IT Act Applies
- A Bench consisting of two Members of the Appellate Tribunal hears a case and the two Members differ in opinion on one or more points.
- The two Members state the point or points on which they differ and make a reference to the Chairperson of the Appellate Tribunal.
- The Chairperson of the Appellate Tribunal hears the referred point or points personally.
- The point or points are decided according to the majority opinion of the Members who have heard the case, including the Members who first heard it.
Example of Section 52D IT Act
FAQs on Section 52D IT Act
What is Section 52D IT Act?▼
Section 52D IT Act sets the procedure for resolving a split opinion when a Bench of two Members in the Appellate Tribunal disagrees on any point. The two Members state the disputed point or points and refer them to the Chairperson, after which the majority opinion of the Members who heard the case decides those points.
Who hears the disputed point when a Bench of two Members disagrees under Section 52D IT Act?▼
The Chairperson of the Appellate Tribunal. Under Section 52D IT Act, the two differing Members refer the point or points of disagreement to the Chairperson, who must hear those points personally.
Do the opinions of the original two Members still count after a reference under Section 52D IT Act?▼
Yes. Section 52D IT Act states that the disputed point or points must be decided by the majority opinion of the Members who have heard the case, expressly including the Members who first heard it.
Does the entire case have to be reheard when two Members differ on one point under Section 52D IT Act?▼
No. Under Section 52D IT Act, the two Members state and refer the specific point or points on which they differ, and the Chairperson hears and resolves that point or those points.
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Sources: Bare Act Text, Information Technology Act, 2000 ·