VARIOUS AUTHORITIES UNDER THE IT ACT

August 2, 2012, by | Start Discussion

(1)     Controller of Certifying Authorities (CCA)
CCA is appointed by the Central Government under section 17 of the IT Act.

Some of the functions of CCA are –

  • Act. To exercise supervision over the activities of Certifying Authorities;
  • To supervise public keys of the Certifying Authorities;
  • To lay down the standards to be maintained by the Certifying Authorities;
  • To specify the qualifications and experience which employees of the Certifying Authorities should possess;
  • To specify the conditions subject to which the Certifying Authorities shall conduct their business;

Functions of the CCA are discussed in detail under section 18 of the IT Act.

Organizational chart of the office of CCA

Controller’s power to investigate the contraventions

Section 28 of the Act provides that, the Controller or any officer authorized by him shall have power to investigate ontraventions as laid down in the provisions of this Act.

Important sections regarding CCA under the IT Act –

  • Section 17 – Appointment of Controller and other officers
  • Section 18 – Functions of Controller
  • Section 28 – Power to investigate contraventions
  • Website of the office of CCA – www.cca.gov.in

(2)    Certifying Authority

Certifying Authorities (CA) has been granted a license to issue a digital signature certificate under section 24 of the IT Act.

(3)    Adjudicating officer (AO)AO is appointed under section 46 of the IT Act to adjudicate offences under Chapter IX.

As per Rule 3 of the Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003, it has been declared that the Secretary of Department of Information Technology of every State and Union Territory shall serve as Adjudicating officer.
Important sections regarding AO under the IT Act –

  • Section 46 – Power to adjudicate
  • Section 47 – Factors to be taken into account by the adjudicating officer

 (4)    Cyber Appellate Tribunal (CAT)

Cyber Appellate Tribunal has been established under the IT Act under the aegis of Controller of Certifying Authorities. It is established under Section 48(1) of the IT Act. Any person aggrieved by an order made by Controller or an adjudicating officer under this Act may prefer an appeal to a Cyber Appellate Tribunal.
Chapter X – Sections 48 to 64 of the IT Act has provisions regarding CAT.
Website of the office of CAT – http://www.catindia.gov.in

(5)    Indian Computer Emergency Response Team (ICERT)

ICERT is the National Incident Response Centre for major computer security incidents in its constituency, i.e. Indian Cyber Community.
Under section 70B of the IT Act, ICERT has been empowered to serve as national agency for incident response.
            Website of the office of CERT-In – http://www.cert-in.org.in/

(6)    National Technical Research Organisation (NTRO)NTRO is designated as the national nodal agency in respect of Critical Information Infrastructure Protection under Sec. 70A of the IT Act.

(7)    Cyber Crime Cell
Cyber Crime Cell is a wing of law enforcement agencies like Police, CID, CBI, etc. established to expedite the investigation of Cyber Crimes.

Kindly note that, Cyber Crime Cell is not a Police station where one can go and register a complaint.
In India, Bangalore is the only city which has a Cyber Crime Police Station where one can register a complaint and can get a copy of the First Investigation Report (FIR).
Some of the duties of Cyber Crime Cell are –

  • To assist law enforcement in investigating cyber crimes
  • To spread awareness about cyber crimes and preventive measures in its territory
  • To act as an expert in giving opinions on cyber crime related issues

Power to investigate offences under the IT Act is with the police officer not below the rank of Inspector as per Sec. 78 of the IT Act.

Sagar is a Law graduate. He is Head at Asian School of Cyber Laws(Maharashtra). He specializes in Cyber Law, Intellectual Property Law and Corporate Law. He teaches at numerous educational institutions across India.

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