Section 62

Section 62 establishes the second tier of appeal in the IT Act's adjudication hierarchy: Adjudicating Officer → Cyber Appellate Tribunal (Section 57) → High Court (Section 62) → Supreme Court (by Special Leave Petition under Article 136). The High Court's jurisdiction under Section 62 is broad — it hears appeals on questions of fact or law, not merely questions of law as in some other tribunal appeal frameworks. This makes the High Court a full appellate court for IT Act matters, not merely a supervisory jurisdiction. The 60-day limitation period runs from the date of communication of the Tribunal's decision. The proviso allows the High Court to condone delay beyond 60 days if sufficient cause is shown — the standard test applicable to limitation condoning applications, which courts have interpreted liberally to include illness of counsel, non-receipt of the order, and other genuine obstacles. Section 62 establishes High Court jurisdiction, but parties may also approach the High Court directly under Article 226 (writ jurisdiction) where the Tribunal's order involves fundamental rights violations — bypassing the Section 62 appeal route. Courts have generally held that where a statutory appeal is available under Section 62, parties should first exhaust that remedy before invoking writ jurisdiction.