arrow
arrow
arrow
Every decision under the Information Technology Act, 2000 can be challenged before:1. a Civil Court2. a High Court by filing a writ petition3. a High
Question

Every decision under the Information Technology Act, 2000 can be challenged before:
1. a Civil Court
2. a High Court by filing a writ petition
3. a High Court by filing an appeal
4. the Supreme Court by filing a special leave petition
Select the correct answer using the code given below:

A.

1 only

B.

2 and 3 only

C.

3 only

D.

3 and 4 only

Correct option is C

The correct answer is (c) 3 only.

Explanation:

The Information Technology Act, 2000, provides a specific hierarchical structure for appeals and challenges. It is a "complete code," meaning it sets its own rules for how disputes are settled and where they can be appealed.

  • Why Statement 1 is Incorrect: Section 61 of the IT Act explicitly bars the jurisdiction of Civil Courts. No civil court has the power to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer or the Appellate Tribunal is empowered to determine.
  • Why Statement 2 is Incorrect: While a High Court can theoretically hear a Writ Petition under its extraordinary jurisdiction (Article 226/227), a decision under the IT Act is generally challenged through the statutory appeal process provided in the Act itself. A Writ Petition is a "remedy of last resort" and is not the standard way to challenge "every decision."
  • Why Statement 3 is Correct: According to Section 62 of the IT Act, any person aggrieved by a decision or order of the Appellate Tribunal (now TDSAT) may file an appeal to the High Court within 60 days. This appeal can be filed on any question of fact or law.
  • Why Statement 4 is Incorrect: While the Supreme Court can always be approached via a Special Leave Petition (SLP) under Article 136 of the Constitution, this is a discretionary power of the Supreme Court and not a standard "right of challenge" provided under the IT Act's specific appellate framework. The IT Act points to the High Court as the primary appellate authority after the Tribunal.

Information Booster:

The appellate mechanism has evolved. Originally, appeals went to the Cyber Appellate Tribunal (CAT). In 2017, the CAT was merged with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

The Appellate Hierarchy:

  1. Level 1: Adjudicating Officer (for civil contraventions like hacking/data theft).
  2. Level 2 (First Appeal): TDSAT (within 45 days of the order).
  3. Level 3 (Second Appeal): High Court (within 60 days of the TDSAT order).

Free Tests

Free
Must Attempt
Video Solutions

RBI Assistant Pre 2026 Full Mock Test -01

languageIcon English
  • pdpQsnIcon100 Questions
  • pdpsheetsIcon100 Marks
  • timerIcon60 Mins
languageIcon English
Free
Must Attempt
Video Solutions

RBI Asst Prelims 2026 : Reasoning Section Test 01

languageIcon English
  • pdpQsnIcon35 Questions
  • pdpsheetsIcon35 Marks
  • timerIcon20 Mins
languageIcon English
Free
Must Attempt

SBI CBO 2026 Full Mock Test- 02

languageIcon English
  • pdpQsnIcon120 Questions
  • pdpsheetsIcon120 Marks
  • timerIcon120 Mins
languageIcon English
test-prime-package

Access ‘UPSC CBI APP’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
354k+ students have already unlocked exclusive benefits with Test Prime!
Our Plans
Monthsup-arrow