Section 46 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 46 of the Information Technology Act, 2000 provides for the officer who inquires into whether a person has contravened the Act and, if so, imposes a penalty or awards compensation. It fixes a monetary limit on the officer's jurisdiction, requires a fair hearing and gives the officer certain civil-court powers. The Jan Vishwas (Amendment of Provisions) Act, 2023 changes two points in the section.
The Central Government appoints an adjudicating officer, not below the rank of a Director to the Government of India or an equivalent State officer, to inquire into contraventions that make a person liable to pay penalty or compensation. As printed, the officer decides claims for injury or damage not exceeding rupees five crore; larger claims vest in the competent Court. He must give the person a reasonable opportunity for making representation before imposing a penalty or awarding compensation. As amended by the Jan Vishwas (Amendment of Provisions) Act, 2023, sub-section (1) refers to contraventions "under this Act" and the words "injury or" are omitted in sub-section (1A).
Source and scope
This article follows the consolidated text consulted (the Act as amended by the Information Technology (Amendment) Act, 2008). Later amendments and the current position of the section should be checked. Sub-section (1-A) is printed in square brackets in the copy, and the Jan Vishwas item refers to it as "(1A)". If you are bringing or defending a claim before an adjudicating officer, our legal dispute resolution team can help you prepare.
Sub-section (1): appointment and purpose
"For the purpose of adjudging under this Chapter 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 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."
Points to note:
- The appointing authority is the Central Government; the verb is "shall".
- The rank is not below a Director to the Government of India or an equivalent officer of a State Government.
- The officer's task is to decide whether there has been a contravention "which renders him liable to pay penalty or compensation".
- The inquiry follows "the manner prescribed by the Central Government". The prescribed manner is in rules that are not in the sources used here, so no step is stated.
- The words "direction or order made thereunder" are in square brackets in the copy.
Sub-section (1-A): the five crore limit
"The adjudicating officer appointed under sub-section (1) shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed rupees five crore: Provided that the jurisdiction in respect of the claim for injury or damage exceeding rupees five crore shall vest with the competent Court."
| Claim | Forum as printed |
|---|---|
| Claim for injury or damage not exceeding rupees five crore | Adjudicating officer |
| Claim for injury or damage exceeding rupees five crore | The competent Court |
Sub-section (2): reasonable opportunity, then penalty or compensation
"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."
Printing slip: the closing words "in accordance with the provisions of that section" do not name any section; we quote them as printed. Section 47 lists the factors for the quantum of compensation; see our article on factors, compounding and recovery.
Sub-sections (3) and (4): experience and allocation
- (3): no person shall be appointed 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 officer is appointed, the Central Government shall specify by order the matters and places with respect to which each shall exercise jurisdiction.
Sub-section (5): powers of a Civil Court
Every adjudicating officer "shall have the powers of a Civil Court which are conferred on the Cyber 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) it 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);
- (c) it shall be deemed to be a Civil Court for purposes of Order XXI of the Civil Procedure Code, 1908 (5 of 1908).
Clause (c) is printed in square brackets and the Code is written "Civil Procedure Code, 1908". These references are quoted as printed. Readers should check the current procedural, penal or other law for the corresponding provision of each Code named.
As amended by the Jan Vishwas (Amendment of Provisions) Act, 2023
Item 32(D) of the Schedule provides:
- (i) in sub-section (1), for the words "under this Chapter", the words "under this Act" shall be substituted;
- (ii) in sub-section (1A), the words "injury or" at both the places where they occur shall be omitted.
| Provision | As printed in the consolidated copy | As amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 |
|---|---|---|
| Sub-section (1) | "adjudging under this Chapter whether any person has committed a contravention" | "adjudging under this Act whether any person has committed a contravention" |
| Sub-section (1-A) | "the claim for injury or damage does not exceed rupees five crore" and "the claim for injury or damage exceeding rupees five crore" | "the claim for damage does not exceed rupees five crore" and "the claim for damage exceeding rupees five crore" |
The item writes "(1A)" where the copy prints "(1-A)"; we treat them as the same sub-section. Commencement is by notification: section 1(2) of the Jan Vishwas (Amendment of Provisions) Act, 2023 allows different dates for different enactments, and no date for item 32 is in the sources used here. Check whether the amendments have been brought into force before relying on either wording.
The penalty-replacing amendments elsewhere
The same Schedule item 32 replaces a punishment with a "penalty" in several other sections. Applied word for word, the items say: section 33(2) (liable to penalty up to five lakh rupees; see our article on duties of a Certifying Authority); section 67C(2) and section 68(2) (penalty up to twenty-five lakh rupees; see our article on sections 68, 71, 73 and 74 and our article on sections 67C and 69B); section 72 (penalty up to five lakh rupees; see our article on breach of confidentiality and privacy); and section 72A (penalty up to twenty-five lakh rupees; see our article on disclosure in breach of a lawful contract). Nothing more is inferred here about who imposes those penalties beyond what section 46 as amended says.
A worked example
Island Payments Private Limited holds data of a customer, Mehul, and a contravention is alleged. Mehul's claim for damage is Rs 40 lakh. As printed, a claim for injury or damage not exceeding rupees five crore falls within the adjudicating officer's jurisdiction. The officer must give Island a reasonable opportunity for making representation. If satisfied that the contravention occurred, he may impose penalty or award compensation as he thinks fit, and for compensation he must have due regard to the section 47 factors. If Mehul's claim had been, say, rupees seven crore, the proviso would vest jurisdiction with the competent Court. The officer's proceedings are deemed judicial proceedings within sections 193 and 228 of the Indian Penal Code as printed. Readers should check the current law for the corresponding provisions.
Need help with a claim before an adjudicating officer?
Whether you are claiming compensation or answering a claim, the hearing, the evidence and the claim value all matter. Please reach our legal dispute resolution team with the notice and the supporting records.
Key takeaways
- The Central Government appoints the adjudicating officer, not below a Director to the Government of India or an equivalent State officer.
- As printed, the officer adjudicates claims for injury or damage not exceeding rupees five crore; above that, the competent Court.
- A reasonable opportunity for making representation must be given before penalty or compensation is imposed.
- The officer has civil-court powers and proceedings are deemed judicial proceedings as printed.
- As amended by the Jan Vishwas Act, 2023: "under this Act" in sub-section (1) and "injury or" omitted in (1A); commencement by notification.
Read next
- Sections 47, 63 and 64: factors for compensation, compounding and recovery
- Section 43: compensation for damage to a computer and unauthorised access
- Sections 44 and 45: penalty for failure to furnish information and residuary penalty
- Cyber law: Information Technology Act 2000, offences, penalties and adjudication
Disclaimer: Based on a consolidated copy of the Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as originally notified on 25 February 2021 and on the CERT-In Directions of 28 April 2022, read with the amendments made to the Act by the Jan Vishwas (Amendment of Provisions) Act, 2023 and by section 44 of the Digital Personal Data Protection Act, 2023, as consulted on 2 October 2026. Commencement notifications, other amendments, rules, directions and the current position of each provision are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.