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Questions and Answers
What is the minimum rank required for an officer to be appointed as an Adjudicating Officer under the IT Act, 2000?
An officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government.
What type of experience is required for an Adjudicating Officer to possess, as per the IT Act, 2000?
Experience in the field of Information Technology and Legal or Judicial experience.
What is the primary responsibility of an Adjudicating Officer under the IT Act, 2000?
To hold an inquiry to adjudge whether any person has committed a contravention of any of the provisions of the Act.
Under which section of the IT Act, 2000, is the appointment and powers of Adjudicating Officer described?
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Who is responsible for prescribing the manner of inquiry to be conducted by an Adjudicating Officer under the IT Act, 2000?
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What is the primary role of an adjudicating officer in relation to contraventions under the Act?
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What is the financial limit up to which an adjudicating officer has the power to award compensation?
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What powers does an adjudicating officer have, similar to a civil court?
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What is essential for an adjudicating officer to follow during the adjudication process?
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When multiple adjudicating officers are appointed, who specifies their jurisdiction?
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Study Notes
Adjudicating Officer (AO) Appointment and Powers
- The Central Government appoints officers not below the rank of Director to the Government of India or equivalent State Government officers as Adjudicating Officers (AOs) for inquiries (Section 46(1)).
- To be eligible, AOs must possess experience in Information Technology and Legal or Judicial experience as prescribed by the Central Government (Section 46(3)).
- AOs hold inquiries into alleged contraventions of the IT Act, 2000, and can impose penalties or award compensation if a contravention is found (Section 46(1)).
- AOs must provide reasonable opportunity for the accused to make representations and, if a contravention is found, impose penalties or award compensation according to the Act (Section 46(1)).
- Powers of AOs are limited to claims up to ₹5 crores; claims exceeding ₹5 crores are referred to competent courts (Section 46(1A)).
- AOs have the same powers as civil courts, including:
- Summoning and enforcing attendance of witnesses
- Examining witnesses on oath
- Requiring discovery and production of documents or electronic records
- Receiving evidence on affidavits
- Issuing commissions for witness or document examination
- All proceedings before AOs are deemed to be judicial proceedings, carrying criminal penalties if necessary (Section 58(2)).
- AOs must follow basic principles of natural justice when conducting adjudications.
- Where multiple AOs are appointed, the Central Government specifies their jurisdiction by order.
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Description
This quiz covers the appointment and eligibility of Adjudicating Officers under the Information Technology Act, 2000. Learn about the powers and roles of AO's in adjudicating contraventions of the Act.
