Power to adjudicate
Section 46 of the Information Technology Act, 2000 deals with power to adjudicate. For the purpose of adjudging [under this Act] whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, [direction or order made thereunder which renders him liable to pay penalty or compensation,] the Central Government shall, subject to the p The Act came into force on 17 Oct 2000.
(1) For the purpose of adjudging 1[under this Act] whether any person has committed a contravention of any of the provisions of this Act or of any rule, regulation, 2[direction or order made thereunder which renders him liable to pay penalty or compensation,] the Central Government shall, subject to the provisions of sub-section (3), appoint any officer not below the rank of a Director to the Government of India or an equivalent officer of a State Government to be an adjudicating officer for holding an inquiry in the manner prescribed by the Central Government.
3[(1A) The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for 4*** damage does not exceed rupees five crore:
Provided that the jurisdiction in respect of the claim for 4*** damage exceeding rupees five crores shall vest with the competent court.]
(2) The adjudicating officer shall, after giving the person referred to in sub-section (1) a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty or award such compensation as he thinks fit in accordance with the provisions of that section.
(3) No person shall be appointed as an adjudicating officer unless he possesses such experience in the field of Information Technology and legal or judicial experience as may be prescribed by the Central Government.
(4) Where more than one adjudicating officers are appointed, the Central Government shall specify by order the matters and places with respect to which such officers shall exercise their jurisdiction.
(5) Every adjudicating officer shall have the powers of a civil court which are conferred on the 5[Appellate Tribunal under sub-section (2) of section 58, and--
(a) all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);
(b) shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974);
6[(c) shall be deemed to be a civil court for purposes of Order XXI of the Civil Procedure Code, 1908 (5 of 1908).]
Section 46, The Information Technology Act, 2000 (Act 21 of 2000).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ananya Kumar v. Union of India
Court's Decision & Legal Precedent
DATE VERIFIED Judgment 2024-03-11 (order-1.pdf): PIL on cyber-crime FIRs and s.46 adjudicating-officer infrastructure; DB holds Central Government discharged s.46 duty by appointing State/UT IT Secretaries as adjudicating officers (Notif. 25.03.2003) and framing 2003 enquiry Rules; further infrastructure/awareness rests with States/UTs.
On this section: s.46(1) — Central Government appointment of adjudicating officers and enquiry framework; State IT Secretaries are the adjudicators.
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Shwas Homes Pvt. Ltd. v. Union of India
Court's Decision & Legal Precedent
DATE VERIFIED Judgment 2021-01-04 (order-1.pdf): Writ over alleged malicious social-media publications; Court identifies the State IT Secretary as adjudicating authority under IT Act s.46 and directs forwarding of the representation to that adjudicating officer for action within six weeks.
On this section: s.46 — power to adjudicate IT Act contraventions; proper forum is the notified State adjudicating officer (IT Secretary).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 46
What have the courts held on Section 46 of the Information Technology Act?
Ananya Kumar v. Union of India (11 Mar 2024) is the leading judgment on this section among those set out below: s.46(1) — Central Government appointment of adjudicating officers and enquiry framework; State IT Secretaries are the adjudicators. Another 1 judgment on this section is set out below. They run from 2021 to 2024.
How do I find court cases under Section 46 of the Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 46, section 46 IT Act, section 46 of the Information Technology Act. People searching for it also type it act 46(8) and income tax act 46. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Ananya Kumar v. Union of India (11 Mar 2024).
What should I read with Section 46 of the Information Technology Act, and has it changed?
Its own text turns on Indian Penal Code 193 (Punishment for false evidence), Indian Penal Code 228 (Intentional insult or interruption to public servant sitting in judicial proceeding), section 58 (Procedure and powers of the Appellate Tribunal), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Notification no. G.S.R.240(E) dated 25.3.2003 regarding appointment of Secretary of the Department of Information Technology of each of the States or Union Territories as Adjudicating Officer (2003).
When did Section 46 of the Information Technology Act come into force?
Section 46 of the Information Technology Act, cited as IT Act 46, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1304 words
- 87. Power of Central Government to make rules877 words
- 43. Penalty and compensation for damage to computer, computer system, etc506 words
- 89. Power of Controller to make regulations345 words
- 70B. Indian Computer Emergency Response Team to serve as national agency for incident response326 words
- 13. Time and place of despatch and receipt of electronic record315 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.