BACK TO IT ACT
IT Act 2000
Section 63
Contempt of Tribunal
THE STATUTE
Original Text
The Cyber Appellate Tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise and for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect subject to the modification that the references therein to a High Court shall be construed as including a reference to the Cyber Appellate Tribunal.
Simplified
Section 63 grants the Cyber Appellate Tribunal the same contempt jurisdiction as a High Court — an essential institutional power for any quasi-judicial body that issues binding orders. Without contempt powers, parties could ignore Tribunal orders with impunity, rendering its adjudication worthless. By equating the Tribunal's contempt powers to those of a High Court and applying the Contempt of Courts Act 1971, Section 63 gives the Tribunal authority to: punish civil contempt (wilful disobedience of Tribunal orders or breach of undertakings); punish criminal contempt (scandalising the Tribunal, obstructing justice, or prejudicing proceedings); commit contemnors to imprisonment for up to 6 months; impose fines up to ₹2,000; and demand an apology as a condition for discharging the contempt. The modification in Section 63 — that references to 'High Court' in the Contempt of Courts Act are read as including the Cyber Appellate Tribunal — achieves this by legislative deeming rather than a separate contempt code. Contempt proceedings before the Tribunal follow the same procedural safeguards as High Court contempt: show cause notice, opportunity to be heard, and the right to purge contempt by compliance or apology.
Legal Evolution
Section 63 was in the original IT Act 2000. Granting High Court-equivalent contempt powers to specialised tribunals is standard Indian legislative practice — seen in TDSAT, SAT, NCLT, NCLAT, and NGT frameworks. The Contempt of Courts Act 1971 provides the procedural and substantive framework that Section 63 incorporates by reference.
Key Amendments
Unchanged from the original IT Act 2000.