Section 59 IT Act: Right to legal representation

Information Technology Act, 2000

Section 59 IT Act at a Glance

Section 59 IT Act gives an appellant the right to choose how to present a case before the Appellate Tribunal. The appellant may appear in person or authorise one or more legal practitioners or any of its officers.

Section 59 IT Act Bare Act Text

59. Right to legal representation.

The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the Appellate Tribunal.

Amendments to this section
  • Subs. by 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017).

Section 59 IT Act in Simple Words

Section 59 IT Act sets out the right to legal representation for an appellant (the party filing an appeal) before the Appellate Tribunal. Under Section 59 IT Act, hiring a lawyer is optional rather than compulsory. An appellant may appear in person to present the appellant's own case directly before the Appellate Tribunal.

Instead of appearing in person, Section 59 IT Act allows the appellant to authorise one or more legal practitioners (lawyers) to present the case before the Appellate Tribunal. Where the appellant is an entity that has officers, Section 59 IT Act also allows it to authorise any of its officers to present its case. Section 59 IT Act operates alongside the Appellate Tribunal's procedural framework in Section 58 IT Act and now refers to the "Appellate Tribunal" in place of the "Cyber Appellate Tribunal" after the Finance Act, 2017 (Act 7 of 2017), with effect from 26 May 2017.

When Section 59 IT Act Applies

  • The party presenting a case under Section 59 IT Act is an appellant before the Appellate Tribunal.
  • The appellant may appear in person before the Appellate Tribunal.
  • Alternatively, the appellant may authorise one or more legal practitioners or any of its officers to present the case before the Appellate Tribunal.

Example of Section 59 IT Act

A logistics company in Srinagar files an appeal before the Appellate Tribunal under the IT Act. Instead of hiring an external lawyer, the company formally authorises Pradeep, one of its officers, to present its case before the Appellate Tribunal. At the hearing, the opposing party objects that only an advocate can argue before the Appellate Tribunal. The objection fails because Section 59 IT Act expressly allows an appellant to authorise any of its officers, or one or more legal practitioners, or to appear in person.

FAQs on Section 59 IT Act

What is Section 59 IT Act?▼

Section 59 IT Act grants an appellant the right to choose representation before the Appellate Tribunal under the Information Technology Act, 2000. The appellant may appear in person or authorise one or more legal practitioners or any of its officers to present the case.

Is hiring a lawyer compulsory under Section 59 IT Act?▼

No. Section 59 IT Act uses permissive language and allows an appellant to appear in person or, for an entity with officers, through any of its authorised officers instead of a legal practitioner.

Can an appellant authorise more than one lawyer under Section 59 IT Act?▼

Yes. Section 59 IT Act expressly allows an appellant to authorise one or more legal practitioners to present the case before the Appellate Tribunal.

Can a company send one of its officers to argue before the Appellate Tribunal under Section 59 IT Act?▼

Yes. Under Section 59 IT Act, an appellant may authorise any of its officers to present its case before the Appellate Tribunal.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·