Section 58 IT Act: Procedure and powers of the Appellate Tribunal
Information Technology Act, 2000
Section 58 IT Act at a Glance
Section 58 IT Act sets out how the Appellate Tribunal conducts proceedings and what powers it holds. The Appellate Tribunal regulates its own procedure under natural justice while exercising specified civil court powers for evidence, witnesses, and review.
Section 58 IT Act Bare Act Text
58. Procedure and powers of the Appellate Tribunal.
(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).
Amendments to this section
- Subs. by 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017).
- Subs. by 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017).
Section 58 IT Act in Simple Words
Section 58 IT Act governs the procedure and powers of the Appellate Tribunal when hearing matters such as appeals under Section 57 IT Act. Under Section 58(1) IT Act, the Appellate Tribunal is not bound by the procedure in the Code of Civil Procedure, 1908. Instead, the Appellate Tribunal is guided by the principles of natural justice (basic fairness in hearing the parties). Subject to the other provisions of the IT Act and any rules made under it, the Appellate Tribunal can regulate its own procedure, including choosing the places where it holds its sittings.
Under Section 58(2) IT Act, when discharging its functions under the IT Act, the Appellate Tribunal holds the same powers as a civil court trying a suit under the Code of Civil Procedure, 1908 for listed matters. Under clauses (a) to (d), the Appellate Tribunal can summon any person, enforce that person's attendance, and examine that person on oath (under a formal promise to tell the truth). It can require the discovery and production (disclosure and handing over) of documents or other electronic records (a term defined in Section 2 IT Act), receive evidence on affidavits (sworn written statements), and issue commissions (orders appointing someone to examine witnesses or documents).
Under clauses (e) to (g) of Section 58(2) IT Act, those civil court powers also cover reviewing the Appellate Tribunal's own decisions, dismissing an application for default (when the party filing it fails to pursue it), deciding an application ex parte (in the absence of the other party), and handling any other matter prescribed by rules.
Under Section 58(3) IT Act, every proceeding before the Appellate Tribunal is deemed (treated by law as) a judicial proceeding within the meaning of Sections 193 and 228, and for the purposes of Section 196, of the Indian Penal Code, 1860. Section 58(3) IT Act also treats the Appellate Tribunal as a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. The Act still refers to the Indian Penal Code, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024, and to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024. Sections 193, 196 and 228 of the Indian Penal Code are now Sections 229, 233 and 267 BNS, and Section 195 and Chapter XXVI of the Code of Criminal Procedure are now Section 215 and Chapter XXVIII BNSS. The Finance Act, 2017 (Act 7 of 2017) substituted "Appellate Tribunal" for "Cyber Appellate Tribunal" in Section 58 IT Act with effect from 26 May 2017.
When Section 58 IT Act Applies
- Freedom from the formal procedure of the Code of Civil Procedure, 1908, while following the principles of natural justice under Section 58(1) IT Act.
- Power of the Appellate Tribunal to regulate its own procedure and sitting places, subject to the other provisions of the IT Act and any rules.
- Civil court powers under the Code of Civil Procedure, 1908 for the specific matters listed in Section 58(2)(a) to (g) IT Act when discharging functions under the IT Act.
- Deemed judicial proceeding status for Sections 193, 196, and 228 of the Indian Penal Code, 1860, and deemed civil court status for Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 under Section 58(3) IT Act.
Example of Section 58 IT Act
When Section 58 IT Act Does Not Apply
- Under Section 58(1) IT Act, the procedure laid down by the Code of Civil Procedure, 1908 does not bind the Appellate Tribunal.
- Under Section 58(1) IT Act, the Appellate Tribunal's power to regulate its own procedure cannot override the principles of natural justice, the other provisions of the IT Act, or any rules made under the IT Act.
FAQs on Section 58 IT Act
What is Section 58 IT Act?▼
Section 58 IT Act lays down the procedure and powers of the Appellate Tribunal under the Information Technology Act, 2000. It frees the Appellate Tribunal from strict Code of Civil Procedure, 1908 procedure while granting specific civil court powers for witnesses, documents, electronic records, affidavits, and review.
Does the Code of Civil Procedure, 1908 bind the Appellate Tribunal under Section 58 IT Act?▼
No. Under Section 58(1) IT Act, the Appellate Tribunal is not bound by the procedure laid down by the Code of Civil Procedure, 1908, and instead follows the principles of natural justice and regulates its own procedure. However, Section 58(2) IT Act gives the Appellate Tribunal the same powers as a civil court for the specific matters listed in clauses (a) to (g).
Can the Appellate Tribunal review its own decisions under Section 58 IT Act?▼
Yes. Under Section 58(2)(e) IT Act, the Appellate Tribunal holds the same power as a civil court under the Code of Civil Procedure, 1908 to review its decisions.
Can the Appellate Tribunal summon witnesses and demand electronic records under Section 58 IT Act?▼
Yes. Under Section 58(2)(a) and (b) IT Act, the Appellate Tribunal can summon any person, enforce attendance, examine that person on oath, and require the discovery and production of documents or other electronic records.
Can the Appellate Tribunal decide an application ex parte under Section 58 IT Act?▼
Yes. Under Section 58(2)(f) IT Act, the Appellate Tribunal has the power of a civil court to dismiss an application for default or decide it ex parte (in the other party's absence).
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Sources: Bare Act Text, Information Technology Act, 2000 ·