Section 61 IT Act: Civil court not to have jurisdiction
Information Technology Act, 2000
Section 61 IT Act at a Glance
Section 61 IT Act bars courts from entertaining any suit or proceeding on matters an adjudicating officer or the Appellate Tribunal is empowered under the IT Act to determine. It also bars injunctions against actions under the IT Act.
Section 61 IT Act Bare Act Text
61. Civil court not to have jurisdiction.
No court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this Act or the Appellate Tribunal constituted under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Amendments to this section
- Subs. by 7 of 2017, s. 169, for "Cyber Appellate Tribunal" (w.e.f. 26-5-2017).
Section 61 IT Act in Simple Words
Section 61 IT Act bars courts from taking up disputes assigned to the IT Act's own adjudication and appellate bodies, and prevents stay orders against actions under the IT Act. Under the first part of Section 61 IT Act, no court has jurisdiction (the legal power to hear and decide a case) to entertain any suit (civil court case) or proceeding on any matter that an adjudicating officer appointed under the IT Act, or the Appellate Tribunal constituted under the IT Act, is empowered by or under the IT Act to determine.
Under the second part of Section 61 IT Act, no court or other authority may grant an injunction (an order restraining or staying an act) in respect of any action already taken or proposed to be taken in exercise of any power conferred by or under the IT Act. Notice that this bar on injunctions applies both to courts and to any other authority, and covers both past actions and upcoming actions under powers granted by or under the IT Act.
While Section 61 IT Act bars ordinary suits and injunctions, Section 62 IT Act provides the statutory route to challenge a decision or order of the Appellate Tribunal through an appeal to the High Court. Section 61 IT Act was amended by Act 7 of 2017 (section 169) with effect from 26 May 2017.
When Section 61 IT Act Applies
- No court has jurisdiction to entertain any suit or proceeding on a matter that an adjudicating officer appointed under the IT Act is empowered by or under the IT Act to determine.
- No court has jurisdiction to entertain any suit or proceeding on a matter that the Appellate Tribunal constituted under the IT Act is empowered by or under the IT Act to determine.
- No court or other authority may grant an injunction against any action taken or to be taken under any power conferred by or under the IT Act.
Example of Section 61 IT Act
FAQs on Section 61 IT Act
What is Section 61 IT Act?▼
Section 61 IT Act bars any court from entertaining a suit or proceeding on any matter that an adjudicating officer or the Appellate Tribunal is empowered by or under the Information Technology Act, 2000 to determine. It also forbids any court or other authority from granting an injunction against any action taken or to be taken under powers conferred by or under the IT Act.
Can a civil court hear a suit on a matter assigned to an adjudicating officer under Section 61 IT Act?▼
No. Under Section 61 IT Act, no court has jurisdiction to entertain any suit or proceeding in respect of a matter that an adjudicating officer appointed under the IT Act is empowered by or under the IT Act to determine.
Can a court grant an injunction stopping future action under the IT Act?▼
No. Section 61 IT Act prohibits any court or other authority from granting an injunction in respect of any action taken or to be taken in pursuance of a power conferred by or under the IT Act.
Does the injunction bar in Section 61 IT Act apply only to courts?▼
No. Section 61 IT Act bars both any court and any other authority from granting an injunction against action taken or to be taken under a power conferred by or under the IT Act.
Does Section 61 IT Act prevent an appeal to the High Court against an Appellate Tribunal order?▼
No. While Section 61 IT Act bars suits, proceedings, and injunctions on matters empowered to be determined under the IT Act, Section 62 IT Act specifically allows an aggrieved person to file an appeal to the High Court against any decision or order of the Appellate Tribunal.
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Sources: Bare Act Text, Information Technology Act, 2000 ·