Section 58

Section 58 equips the Appellate Tribunal (now TDSAT exercising IT Act jurisdiction) with the procedural tools it needs to function effectively as a quasi-judicial body. Three features deserve attention. First, procedural autonomy: the tribunal is not bound by the Code of Civil Procedure's rigid procedures, allowing it to develop efficient processes suited to technology disputes — for example, conducting hearings via video conference, accepting electronic evidence directly, or setting tight timelines. However, it must always be guided by natural justice principles — the parties must be heard and have a fair opportunity to present their case. Second, civil court powers: the list in Section 58(2) gives the tribunal coercive authority equivalent to a civil court — it can compel witnesses to appear and testify under oath, compel production of documents and electronic records, take evidence on affidavit, issue commissions for remote examination of witnesses, and review its own decisions. The power to require production of 'electronic records' (Section 58(2)(b)) is particularly important for IT Act disputes where critical evidence is digital — server logs, transaction records, and message archives can be compelled directly. Third, judicial proceeding status (Section 58(3)): all proceedings before the Appellate Tribunal are deemed judicial proceedings under the IPC, meaning perjury before the Tribunal is prosecutable, and contempt of its orders can be addressed through the criminal courts.