Section 84 IT Act: Protection of action taken in good faith

Information Technology Act, 2000

Section 84 IT Act at a Glance

Section 84 IT Act protects the Central Government, State Governments, the Controller, persons acting for the Controller, and adjudicating officers from legal proceedings for acts done in good faith under the IT Act.

Section 84 IT Act Bare Act Text

84. Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Government, the Controller or any person acting on behalf of him, and adjudicating officers for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation or order made thereunder.

Amendments to this section
  • Subs. by Act 7 of 2017, s. 169, for "the Chairperson Members, adjudicating officers and the staff of the Cyber Appellate Tribunal" (w.e.f. 26-5-2017).

Section 84 IT Act in Simple Words

Section 84 IT Act protects government authorities and statutory officials from court cases over official actions taken in good faith under the Information Technology Act, 2000. It bars three kinds of cases: a suit (a civil case in court), a prosecution (a criminal case), and any other legal proceeding. This protection covers the Central Government, the State Government, the Controller, any person acting on the Controller's behalf, and adjudicating officers.

The bar in Section 84 IT Act applies only when two conditions meet. First, the action must be done, or intended to be done, in good faith. Second, the action must be done, or intended to be done, in pursuance of the IT Act or any rule, regulation, or order made under the IT Act. Because the wording covers anything done or intended to be done, an official step taken in good faith towards carrying out an order, rule, regulation, or statutory duty under the IT Act also receives protection.

Section 169 of the Finance Act, 2017 (Act 7 of 2017) amended Section 84 IT Act with effect from 26 May 2017, removing the reference to the Chairperson, Members and staff of the Cyber Appellate Tribunal.

When Section 84 IT Act Applies

  • The party facing the proceeding is the Central Government, a State Government, the Controller, a person acting on the Controller's behalf, or an adjudicating officer.
  • A suit, prosecution, or other legal proceeding is brought against that government, authority, or person.
  • The act in question was done, or intended to be done, in good faith.
  • The act was done, or intended to be done, in pursuance of the IT Act or any rule, regulation, or order made under the IT Act.

Example of Section 84 IT Act

Ashok serves as an adjudicating officer in Chennai and conducts an inquiry into an alleged unauthorised act on a computer under Section 43 IT Act. Acting in good faith on the record available in pursuance of the IT Act, Ashok passes an order against Chitra. Chitra disagrees with the order and files a civil suit for damages against Ashok personally for passing that order. Under Section 84 IT Act, Chitra's civil suit does not lie against Ashok because Ashok acted as an adjudicating officer in good faith in pursuance of the IT Act.

When Section 84 IT Act Does Not Apply

  • The act was not done, and was not intended to be done, in good faith.
  • The act was not done, and was not intended to be done, in pursuance of the IT Act or any rule, regulation, or order made under the IT Act.

FAQs on Section 84 IT Act

What is Section 84 IT Act?▼

Section 84 IT Act protects the Central Government, the State Government, the Controller, any person acting on the Controller's behalf, and adjudicating officers from legal proceedings for official acts done in good faith. No civil suit, criminal prosecution, or other legal proceeding lies against them for anything done or intended to be done in good faith under the IT Act or any rule, regulation, or order made under it.

Can a criminal prosecution be filed against an adjudicating officer for an order passed in good faith under the IT Act?▼

No. Section 84 IT Act bars any suit, prosecution, or other legal proceeding against an adjudicating officer for anything done or intended to be done in good faith in pursuance of the IT Act or a rule, regulation, or order made under it.

Does Section 84 IT Act cover actions taken under rules, regulations, or orders made under the IT Act?▼

Yes. Section 84 IT Act covers anything done or intended to be done in good faith not only under the IT Act itself, but also in pursuance of any rule, regulation, or order made under the IT Act.

Does Section 84 IT Act protect a person acting on behalf of the Controller?▼

Yes. Section 84 IT Act explicitly extends protection to the Controller as well as any person acting on the Controller's behalf, provided the action is done or intended to be done in good faith under the IT Act or its rules, regulations, or orders.

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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 ·