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

Ranchi: The Jharkhand high court on Thursday directed the state govt to complete formalities for the appointment of an adjudicating officer under the Information Technology Act to deal with cases of cyber fraud and breach of data in the state.While hearing a public interest litigation filed by one Manoj Kumar Singh under the act, a division bench of Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar granted the govt four weeks to complete the process of appointment of the adjudicating officer and inform the development to the bench. The case will be listed for hearing again on September 15. The post of an adjudicating officer under the IT Act is a statutory provision that needs to be complied with, informed petitioner Singh. He further mentioned that for the past 21 years, no officer has been appointed, which has deprived the victims of cyber fraud and data breaches.Under the IT Act, compensation can be given to the victims of cybercrimes, but in the absence of an adjudicating officer, the provisions cannot be complied with, the petitioner's counsel, Utkarsh Singh, said during the hearing of the case. That adjudicating officer has powers akin to a civil court and can summon individuals in a case and also examine witnesses. The said officer can also demand documents to be produced and can impose penalties and award compensation up to Rs 5 lakh to victims of cybercrimes, the advocate said.The post of an adjudicating officer has been created under the IT Act to ensure the availability of speedy justice to victims and to avoid lengthy litigation in courts. Moreover, the appointment of an adjudicating officer will also lower the burden of increasing litigation in the law courts, Utkarsh Singh informed.

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