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Section 64: Recovery of penalty

Information Technology Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2000
Section 63 All 90 Sections of Information Technology Act Section 65

Legal Commentary & Landmark Judgments: Section 64

Section 64 provides the statutory mechanism for the recovery of unpaid penalties and compensation, enacting that any sum determined by an Adjudicating Officer or Tribunal shall be recoverable as arrears of land revenue, and authorizing the suspension of commercial licenses until full satisfaction.

  • Recovery as Arrears of Land Revenue: Deems unpaid penalties and compensation orders enforceable through the coercive recovery machinery of the Revenue Recovery Act as arrears of land revenue.
  • Attachment and Sale of Assets: Empowers revenue authorities to attach movable and immovable properties, freeze bank accounts, and execute recovery warrants against the defaulter.
  • Statutory Suspension of Commercial License: Authorizes the suspension of the defaulter's commercial digital license or Certifying Authority accreditation until the penalty is fully discharged.
Key Landmark Precedents:
  • State of Karnataka v. Shreyas Papers (P) Ltd. (2006) 1 SCC 615: Supreme Court expounded on the enforcement of statutory dues recoverable as arrears of land revenue against corporate assets.
  • New Delhi Municipal Committee v. Kalu Ram (1976) 3 SCC 407: Supreme Court held that recovery procedures utilizing arrears of land revenue machinery must operate within the strict procedural limits established by law.
  • K.C. Ninan v. Kerala State Electricity Board 2023 SCC OnLine SC 663: Supreme Court reiterated that statutory recovery powers attach to the debtor's legal liability and must follow due process of attachment and notice.
Courtroom Practice & Strategic Litigation Guidance:

Upon securing a favorable compensation award from the Adjudicating Officer, if the respondent fails to satisfy the decree within thirty days, apply under Section 64 for the issuance of a Revenue Recovery Certificate to the District Collector to initiate attachment of the debtor's bank accounts.

Section 63 All 90 Sections of Information Technology Act Section 65