Upgrad LLM

meaning of competent court under s. 46 of it act


Dear all,

Sec. 46 of the Information Technology Act, 2000

"Power to Adjudicate.- (1) For the purpose of adjudging under this Chapter whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, direction or order made there under which renders him liable to pay penalty or compensation, the Central Government shall, subject to the provisions of sub-section(3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.

(1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed rupees five crores.


Provided that the jurisdiction in respect of claim for injury or damage exceeding rupees five crores shall vest with the competent court
."

I am not able to understand meaning of Competent Court in abovementioned section of IT Act. Please Help. Also Does it means that Adjudicating officer has only a Power to entertain claim upto Rs.5 Crores and if amount claimed is above Rs.5 Crore then party needs to approach Regular Court under C.P.C. 

 
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Dear Nathpai,

In this Act, "competent court" means a court that has the jurisdiction to hear the cases which are related to IT matters. 

To answer the second part of your question, YES, the adjudicating officer has only power to entertain claim up to Rs. 5 crores and if the amount claimed is above Rs. 5 crores, then the party needs to approach the regular court under C.P.C.  

Hope this is clear.

Regards,

Zeta- Law Student.

 
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