Sections 48 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.
Chapter X of the Information Technology Act, 2000, as printed in the consolidated copy, is headed "The Cyber Appellate Tribunal". Section 48 provides for the establishment of one or more appellate tribunals by the Central Government. Section 49 sets out how the Tribunal is composed, how its Chairperson and Members are selected and how its Benches work.
The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber Appellate Tribunal, and specify in the notification the matters and places in which each may exercise jurisdiction (s.48). The Tribunal consists of a Chairperson and such number of other Members as the Central Government appoints; selection is in consultation with the Chief Justice of India; Benches of one or two Members sit at New Delhi and other notified places (s.49). Check the current position of the appellate forum named in this copy.
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 these sections should be checked. Check the current position of the appellate forum named in this copy. Section 49 is printed in square brackets in the copy, and the name of the Tribunal is printed with a gap or marked omission between "Cyber" and "Appellate" (for example, "Cyber [] Appellate Tribunal" in the heading of Chapter X and in section 48). The definition in section 2(1)(n) is printed as "the Cyber [ ] Appellate Tribunal established under sub-section (1) of section 48". We use the name "Cyber Appellate Tribunal" as the rest of the copy does. If you are weighing an appeal against an order under the Act, a legal dispute resolution consultation can help you sequence your steps.
Section 48: establishment
Sub-section (1). "The Central Government shall, by notification, establish one or more appellate tribunals to be known as the Cyber [*] Appellate Tribunal."
Sub-section (2). "The Central Government shall also specify, in the notification referred to in sub-section (1), the matters and places in relation to which the Cyber Appellate Tribunal may exercise jurisdiction."
Two points. The verb in sub-section (1) is "shall", so the establishment is a duty of the Central Government, and the number of tribunals is open ("one or more"). And jurisdiction is set by notification, by matters and places. The notification is not in the sources used here, so this article names no matter or place.
The Tribunal appears throughout the Act: an appeal from an order of the Controller or an adjudicating officer is dealt with in section 57 (see our article on appeal to the Cyber Appellate Tribunal and its powers).
Section 49: composition
Sub-section (1): Chairperson and Members
"The Cyber Appellate Tribunal shall consist of a Chairperson and such number of other Members, as the Central Government may, by notification in the Official Gazette, appoint."
The proviso is a transitional one: the person appointed as the Presiding Officer of the Cyber Appellate Tribunal under the provisions of the Act immediately before the commencement of the Information Technology (Amendment) Act, 2008 "shall be deemed to have been appointed as the Chairperson of the said Cyber Appellate Tribunal under the provisions of this Act as amended by the Information Technology (Amendment) Act, 2008".
Sub-section (2): selection
"The selection of Chairperson and Members of the Cyber Appellate Tribunal shall be made by the Central Government in consultation with the Chief Justice of India."
Sub-section (3): Benches
Subject to the provisions of the Act:
| Clause | Provision as printed |
|---|---|
| (a) | the jurisdiction, powers and authority of the Cyber Appellate Tribunal may be exercised by the Benches thereof |
| (b) | a Bench may be constituted by the Chairperson with one or two Members of such Tribunal as the Chairperson may deem fit |
| (c) | the Benches shall sit at New Delhi and at such other places as the Central Government may, in consultation with the Chairperson, by notification in the Official Gazette, specify |
| (d) | the Central Government shall, by notification in the Official Gazette, specify the areas in relation to which each Bench may exercise its jurisdiction |
Sub-section (4): transfer of a Member
"Notwithstanding anything contained in sub-section (3), the Chairperson of the Cyber Appellate Tribunal may transfer a Member of such Tribunal from one Bench to another Bench."
Sub-section (5): larger Bench
"If at any stage of the hearing of any case or matter it appears to the Chairperson or a Member of the Cyber Appellate Tribunal that the case or matter is of such a nature that it ought to be heard by a Bench consisting of more Members, the case or matter may be transferred by the Chairperson to such Bench as the Chairperson may deem fit."
The Chairperson's further powers on distribution of business and transfer of cases are in sections 52A to 52D; see our article on benches, vacancies, removal and staff of the Tribunal.
Structure at a glance
| Feature | Provision |
|---|---|
| Who establishes | Central Government, by notification |
| Number | One or more tribunals |
| Jurisdiction | By matters and places in the notification (s.48(2)) |
| Composition | Chairperson and other Members (s.49(1)) |
| Selection | By the Central Government in consultation with the Chief Justice of India (s.49(2)) |
| Bench strength | One or two Members, as the Chairperson deems fit (s.49(3)(b)) |
| Seat | New Delhi and other notified places (s.49(3)(c)) |
| Transfer of a Member | By the Chairperson (s.49(4)) |
| Larger Bench | By transfer of the case by the Chairperson (s.49(5)) |
Qualifications and terms of the Chairperson and Members are in sections 50 to 52; see our article on qualifications, term and salary of Tribunal members.
A worked example
Rhea Software Private Limited has been ordered by an adjudicating officer to pay compensation and wishes to appeal. Under the printed Chapter X it would look at the notification under section 48(2) to see which Tribunal has jurisdiction over the matter and place. It would then see that a Bench may consist of one or two Members and that the Chairperson may transfer a case to a larger Bench if the matter requires it. It would also check the current position of the appellate forum named in this copy, because the notification and any later changes are not part of the consolidated text. The time limit and procedure for an appeal are in sections 57 and 58, explained in a separate article.
Need help with an appeal or Tribunal question?
If you have an adjudicating officer's or Controller's order that you are thinking of challenging, we can help you map the forum, the time limit and the papers. Please contact our legal dispute resolution team with a copy of the order.
Key takeaways
- The Central Government shall establish one or more appellate tribunals by notification and specify their matters and places.
- The Tribunal has a Chairperson and other Members, selected in consultation with the Chief Justice of India.
- Benches comprise one or two Members and sit at New Delhi and other notified places.
- The Chairperson may transfer Members between Benches and cases to larger Benches.
- Check the current position of the appellate forum named in this copy.
Read next
- Sections 50 to 52: qualifications, term and salary of Tribunal members
- Sections 57 and 58: appeal to the Cyber Appellate Tribunal and its powers
- Section 46: adjudicating officer and power to adjudicate
- Sections 47, 63 and 64: factors for compensation, compounding and recovery
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.