Establishment of Cyber Appellate Tribunal, Etc.
82. Establishment of Cyber Appellate Tribunal.—(1) The Government shall, by notification in the Official Gazette, establish one or more Cyber Appellate Tribunals to be known as Appellate Tribunal.
(2) Cyber tribunal established under sub-section (1) of this section shall consist of one Chairman and two members to be appointed by the Government.
(3) A person shall not be qualified as the Chairman of a Cyber Appellate Tribunal unless he is, or has been, or is qualified to be, a Judge of the Supreme Court and one of the members shall be serving in judicial department or retired District Judge and the other member shall be a person having adequate knowledge and experience in information and communication technology.
(4) Chairman and members shall be retained in the positions since the date of joining between no less than three years and no more than five years and their terms of reference shall be determined by the Government.
83. Procedure and powers of Cyber Appellate Tribunal.–(1) Cyber Appellate Tribunal shall have the power to hear appeal and dissolving the verdict and order given by Cyber Tribunal and Session Court, as the case may be.
(2) In case of hearing and dissolving the appeal, Cyber Appellate Tribunal shall follow the procedure defined by rules and if the rules do not exist in that case Appellate Tribunal shall maintain the procedure in relation to hearing and dissolving of criminal appeal followed by the High Court Division of the Supreme Court.
(3) Cyber Appellate Tribunal shall have the power to retain, revoke, alter, or rectify the verdict or order made by the Cyber Tribunal.
(4) The decision made by the Appellate Tribunal shall be final.
84. Appeal procedure in case of not establishing Cyber Appellate Tribunal.–If the Cyber Appellate Tribunal has not been established, whatever contained in the Code of Criminal Procedure, appeal shall be lodged in the High Court Division of Supreme Court against the verdict and order given by the Session Court or Cyber Tribunal, as the case may be.