Section 82 IT Act: Controller, Deputy Controller and Assistant Controller to be public servants

Information Technology Act, 2000

Section 82 IT Act at a Glance

Section 82 IT Act states that the Controller, the Deputy Controller, and the Assistant Controllers are treated by law as public servants within the meaning of Section 21 of the Indian Penal Code, 1860.

Section 82 IT Act Bare Act Text

82. Controller, Deputy Controller and Assistant Controller to be public servants.

The Controller, the Deputy Controller and the Assistant Controllers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Amendments to this section
  • Subs. by Act 7 of 2017, s. 169, for section 82 (w.e.f. 26-5-2017).

Section 82 IT Act in Simple Words

Section 82 IT Act defines the legal status of three categories of officers under the IT Act: the Controller, the Deputy Controller, and the Assistant Controllers. It states that these officers are deemed to be (treated by law as) public servants within the meaning of Section 21 of the Indian Penal Code, 1860.

Because the statute itself confers this status, a court treats the Controller, the Deputy Controller, and the Assistant Controllers as public servants whenever Section 21 of the Indian Penal Code, 1860 applies. The Act still refers to the Indian Penal Code, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024; the definition of public servant is now in Section 2(28) BNS. Section 82 IT Act was substituted by Act 7 of 2017 with effect from 26 May 2017.

When Section 82 IT Act Applies

  • The officer holds office as the Controller, the Deputy Controller, or an Assistant Controller.
  • By operation of Section 82 IT Act, that officer is treated as a public servant within the meaning of Section 21 of the Indian Penal Code, 1860.

Example of Section 82 IT Act

Venkatesh works as an Assistant Controller under the IT Act at an office in Hyderabad. A legal question arises in a criminal proceeding about whether Venkatesh holds the status of a public servant under Section 21 of the Indian Penal Code, 1860. Section 82 IT Act states that the Controller, the Deputy Controller, and the Assistant Controllers are treated by law as public servants within the meaning of Section 21 of the Indian Penal Code, 1860. Because Venkatesh is an Assistant Controller, the court treats Venkatesh as a public servant under Section 21 of the Indian Penal Code, 1860.

FAQs on Section 82 IT Act

What is Section 82 IT Act?▼

Section 82 IT Act declares that the Controller, the Deputy Controller, and the Assistant Controllers are treated by law as public servants within the meaning of Section 21 of the Indian Penal Code, 1860. The present text of Section 82 IT Act took effect on 26 May 2017 after substitution by Act 7 of 2017.

Which officers are declared public servants under Section 82 IT Act?▼

The Controller, the Deputy Controller, and the Assistant Controllers. Section 82 IT Act treats each of them by law as a public servant within the meaning of Section 21 of the Indian Penal Code, 1860.

Which law's definition of public servant does Section 82 IT Act refer to?▼

Section 21 of the Indian Penal Code, 1860. Note that the Act still refers to the Indian Penal Code, which the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced from 1 July 2024.

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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 ·