The Cyber Regulation Appellate Tribunal (CRAT) is an independent body established under the Information Technology Act, 2000 in India to adjudicate disputes related to cybercrime, cybersecurity, and electronic transactions. It was established in October 2006, and its headquarters is in New Delhi. The CRAT was created to provide an appellate authority to hear appeals against orders passed by the Adjudicating Officers under the Information Technology Act.
The CRAT is composed of a Chairperson and two Members. The Chairperson must be a retired judge of the Supreme Court of India or a retired Chief Justice of a High Court. The Members must have experience in information technology or law, and one of them must be a woman.
The jurisdiction of the CRAT includes appeals against orders passed by the Adjudicating Officers under the Information Technology Act, 2000, including orders related to the imposition of penalties, adjudication of disputes between certifying authorities, and adjudication of disputes between intermediaries and users.
The CRAT has the power to hear and dispose of appeals against the orders of the Adjudicating Officers, and its decisions are final and binding. The CRAT has the power to pass any order that the Adjudicating Officer could have passed, and it may also set aside, modify, or confirm the order under appeal.
The CRAT has the power to review its own orders, and it may also review the orders of the Adjudicating Officers if it finds that there is an error apparent on the face of the record. The CRAT may also stay the operation of the order under appeal pending the disposal of the appeal.
The CRAT also has the power to issue directions to the Controller of Certifying Authorities, the Cyber Appellate Tribunal, and any other agency, as it deems fit, for the effective implementation of the Information Technology Act.
In addition to hearing appeals, the CRAT is also empowered to make rules and regulations for the conduct of its proceedings. It may also make rules for the appointment of its staff and for the regulation of its own procedure.
One of the key functions of the CRAT is to promote e-commerce and e-governance by providing a secure environment for electronic transactions. To achieve this, the CRAT has the power to issue guidelines and standards for the security of electronic transactions, and it may also certify the security practices and procedures of organizations involved in electronic transactions.
The CRAT plays an important role in the legal framework for electronic transactions in India. It provides an appellate forum for the resolution of disputes related to cybercrime, cybersecurity, and electronic transactions. Its decisions are final and binding, and it has the power to issue directions for the effective implementation of the Information Technology Act. The CRAT also plays a key role in promoting e-commerce and e-governance by providing a secure environment for electronic transactions.
The Cyber Regulation Appellate Tribunal (CRAT) is an independent body established by the Government of India to hear appeals against the orders passed by the Controller of Certifying Authorities (CCA) under the Information Technology (IT) Act, 2000. It is a quasi-judicial body with the powers of a civil court, and its decisions are final and binding.
The main function of CRAT is to provide an impartial platform for resolving disputes related to digital signatures and electronic transactions. The tribunal has the power to hear and decide appeals against orders passed by the CCA, which is the regulatory authority for digital signatures and electronic transactions in India. The CCA issues licenses to Certifying Authorities (CAs) and regulates their activities to ensure that they comply with the provisions of the IT Act.
The CRAT has the power to hear and decide appeals against orders passed by the CCA under Section 57 of the IT Act. Section 57 of the IT Act deals with the issuance of digital signatures and electronic signatures, and the role of the CCA in regulating their use. The CCA is responsible for ensuring that digital signatures and electronic signatures are used in a secure and reliable manner, and that they are not misused or tampered with.
The CRAT has the power to hear appeals against orders passed by the CCA related to the following issues:
- The issuance of licenses to CAs.
- The revocation of licenses of CAs.
- The suspension of licenses of CAs.
- The imposition of penalties on CAs.
- The regulation of the activities of CAs.
Any other matter related to digital signatures and electronic transactions.
The CRAT has the power to pass orders and directions on any appeal that is heard by it. The orders passed by the CRAT are final and binding, and they have the same effect as an order passed by a civil court. The tribunal also has the power to review its own orders if there is any error or omission in the order passed by it.
The CRAT has the power to summon and enforce the attendance of witnesses, and to compel them to give evidence on oath or affirmation. The tribunal also has the power to call for documents and other evidence that may be relevant to the appeal that is being heard by it.
The CRAT is headed by a chairperson who is appointed by the central government. The chairperson of the tribunal is a retired judge of the Supreme Court or a retired Chief Justice of a High Court. The other members of the tribunal are also appointed by the central government, and they are experts in the field of information technology and law.