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Section 82: Controller, Deputy Controller and Assistant Controllers to be public servants

Information Technology Act • Official Statutory Text & Practice Guide

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Competent Court / Tribunal
Act 2000
Section 81 All 90 Sections of Information Technology Act Section 83

Legal Commentary & Landmark Judgments: Section 82

Section 82 declares that the Controller, Deputy Controllers, Assistant Controllers, and other officers appointed under the Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (Section 2 of the Bharatiya Nyaya Sanhita, 2023).

  • Deemed Public Servant Status: Confers statutory public servant status upon all regulatory officers of the CCA exercising powers under the Information Technology Act.
  • Protection Under Penal and Corruption Statutes: Brings appointed cyber officers within the protective and penal reach of the Prevention of Corruption Act, 1988, and general criminal law.
  • Statutory Shield for Bona Fide Official Acts: Attracts mandatory sanction requirements under Section 197 CrPC / Section 218 BNSS before criminal prosecution can be initiated against them.
Key Landmark Precedents:
  • State of Gujarat v. Manshukhbhai Kanjibhai Shah (2020) 20 SCC 360: Supreme Court emphasized that statutory deemed public servant provisions must be interpreted broadly to advance institutional integrity and prevent corruption.
  • M. Karunanidhi v. Union of India (1979) 3 SCC 431: Constitution Bench expounded the scope and meaning of 'public servant' in statutory enactments, emphasizing public duty and sovereign authority.
  • State of Maharashtra v. Laljit Rajshi Shah (2000) 2 SCC 699: Supreme Court affirmed that legal fictions deeming officers to be public servants are limited to the purposes specified by the enabling statute.
Courtroom Practice & Strategic Litigation Guidance:

If prosecuting an officer of the CCA for extortion or corruption in licensing, ensure a formal prosecution sanction is obtained from the Central Government under Section 197 CrPC, as Section 82 confers full statutory public servant immunity for official acts.

Section 81 All 90 Sections of Information Technology Act Section 83