(1) The Cyber Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Cyber Appellate Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings.
(2) The Cyber Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure (5 of 1908), while trying a suit, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents or other electronic records;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) any other matter which may be prescribed.
Legal Commentary & Landmark Judgments: Section 58
Section 58 regulates the procedure and powers of the Cyber Appellate Tribunal, freeing the Tribunal from the procedural technicalities of the Code of Civil Procedure and empowering it to regulate its own procedure guided by principles of natural justice, while vesting it with full Civil Court powers for discovery, summoning, and evidence recording.
Take advantage of Section 58's procedural flexibility by submitting electronic evidence affidavits, digital forensic audit logs, and expert witness testimonies directly without the cumbersome procedural formalities required in ordinary Civil Courts.