Jharkhand HC directs state to appoint adjudicating officer under IT Act for cyber fraud cases

Ranchi, Aug 21 (PTI) The Jharkhand High Court on Thursday directed the state government to complete formalities for appointment of an adjudicating officer under the Information Technology Act to deal with cases of cyber fraud and breach of data in the state.

A division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar were hearing a public interest litigation filed by one Manoj Kumar Singh, who had taken up the cause of appointment of an adjudicating officer under the Act.

The court granted the government four weeks to complete the process of appointment and inform it to the bench.

The case will be heard again on September 15.

The post of an adjudicating officer under the IT Act is a statutory provision that needs to be complied with, Singh said.

He further mentioned in his petition that for the past 21 years, no officer has been appointed, which has deprived the victims of cyber fraud and data breach.

The sections of the IT Act provide for compensation to be given to the victims of cybercrimes which, in absence of an adjudicating officer, cannot be complied with, the petitioner's counsel Utkarsh Singh pleaded before the judges.

That adjudicating officer has powers akin to a civil court and can summon individuals in a case and also examine witnesses.

The officer can demand documents to be produced and can also impose penalties and award compensation up to Rs 5 lakh to victims of cybercrimes, the advocate added.

Moreover, the appointment of an adjudicating officer will also lower the burden of increasing litigation in law courts, Utkarsh Singh argued. PTI CORR NAM MNB