Bengaluru will be home to the southern chapter of the Cyber Appellate Tribunal (CAT), which will reach out to victims of cyber crime, the state government announced at the Cyber Security Summit here on Tuesday. But on the other hand, the IT Secretary, who is the state adjudicator, has held in all the cases that he has no jurisdiction to pass orders against the banks and that no complaint can be admitted under Section 43 of the IT Act against any corporate entity.
“The state IT secretary has passed more than 80 orders. They include both cases of phishing and orders against cyber cafes for not adhering to rules under the IT Act. The Adjudicator has held that ‘section 43 of IT Act is not applicable to a body or Corporate’, after the amended IT Act came into force in 2008,” said Pranesh Prakash of the Centre for Internet Society “I feel Section 43 has been mis used . The definition given in this section cannot be understood either by lawyers or technical people. If there is a genuine case of phishing and a user has suffered losses over the internet then there should be no ambiguity in passing the order,” he said.