Q] Explain how an appeal can be made under the IT Act 2000.
Answer: Under the Indian IT Act 2000, an appeal can be made in the following manner:
- First Appeal: Any person who is aggrieved by an order passed by an adjudicating officer under the IT Act 2000 can file an appeal before the Cyber Appellate Tribunal (CAT) within 45 days from the date of the order.
- Second Appeal: If a person is not satisfied with the order passed by the CAT, he/she can file a second appeal before the High Court within 60 days from the date of the order.
- Revisional Jurisdiction: The High Court has the power to revise any order passed by the CAT or any subordinate court under the IT Act 2000.
- Review Petition: Any person who is aggrieved by an order passed by the High Court can file a review petition within 30 days from the date of the order.
- Special Leave Petition (SLP): If a person is not satisfied with the order passed by the High Court, he/she can file a Special Leave Petition (SLP) before the Supreme Court within 90 days from the date of the order.
It is important to note that the appeals process under the IT Act 2000 is time-bound, and it is essential to file appeals within the prescribed time limit. If a person fails to appeal in the time period will result in the dismissal of an appeal.
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