Sections 57 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.
Section 57 of the Information Technology Act, 2000, as printed in the consolidated copy, lets a person aggrieved by an order of the Controller or an adjudicating officer appeal to the Cyber Appellate Tribunal. It sets a forty-five day period, allows late appeals for sufficient cause and states a six-month target for disposal. Section 58 describes the Tribunal's procedure and its civil-court powers.
Any person aggrieved by an order made by the Controller or an adjudicating officer under the Act may appeal to the Cyber Appellate Tribunal having jurisdiction, within forty-five days from receipt of a copy of the order, in the prescribed form with the prescribed fee; late appeals may be entertained for sufficient cause. No appeal lies against an order made by an adjudicating officer with the consent of the parties. The Tribunal is not bound by the Code of Civil Procedure, 1908, is guided by natural justice, and has listed civil-court powers. 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. The form and fee for an appeal are left to rules that are not in the sources used here. For the adjudicating officer's order that is typically appealed, see our article on section 46: adjudicating officer and power to adjudicate. If you need to decide whether and where to appeal, our legal dispute resolution team can help.
Section 57(1): who may appeal
"Save as provided in sub-section (2), any person aggrieved by an order made by Controller or an adjudicating officer under this Act may prefer an appeal to a Cyber Appellate Tribunal having jurisdiction in the matter."
The orders that can be appealed are those of the Controller and of an adjudicating officer. The Tribunal must be the one "having jurisdiction in the matter"; its jurisdiction by matter and place is specified in the notification under section 48(2) (see our article on establishment and composition).
Section 57(2): consent orders
"No appeal shall lie to the Cyber Appellate Tribunal from an order made by an adjudicating officer with the consent of the parties."
Section 57(3): forty-five days
"Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Controller or the adjudicating officer is received by the person aggrieved and it shall be in such form and be accompanied by such fee as may be prescribed."
The proviso: the Tribunal "may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period."
The period runs from receipt of a copy of the order, not from the date of the order. The Limitation Act, 1963 is made applicable to the appeal "as far as may be" by section 60; see our article on sections 59 to 62. Readers should check the current procedural, penal or other law for the corresponding provision of that Act.
Section 57(4) to (6): decision, copies and the six-month target
- (4) On receipt of an appeal, the Tribunal "may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against."
- (5) The Tribunal "shall send a copy of every order made by it to the parties to the appeal and to the concerned Controller or adjudicating officer."
- (6) The appeal "shall be dealt with by it as expeditiously as possible and endeavor shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal."
The six-month period in sub-section (6) is an "endeavor", not a fixed deadline: the words are "endeavor shall be made".
| Step | Provision | Key words |
|---|---|---|
| Appeal lies from | s.57(1) | Order of the Controller or adjudicating officer |
| Excluded | s.57(2) | Order of adjudicating officer with consent of the parties |
| Time | s.57(3) | Forty-five days from receipt of a copy; late appeal for sufficient cause |
| Form and fee | s.57(3) | As prescribed |
| Decision | s.57(4) | Confirm, modify or set aside, after hearing |
| Copies | s.57(5) | To parties and to the concerned Controller or adjudicating officer |
| Target | s.57(6) | Endeavor to dispose of within six months |
Section 58: procedure and powers
Sub-section (1). The Tribunal "shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (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."
Sub-section (2). For discharging its functions, the Tribunal has "the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters":
- (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.
Sub-section (3). Every proceeding before the Tribunal "shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860) and the Cyber Appellate Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)."
These references to the Code of Civil Procedure, 1908, the Indian Penal Code and the Code of Criminal Procedure, 1973 are quoted as printed. Readers should check the current procedural, penal or other law for the corresponding provision of each. The sub-section (2) powers are also given, by section 46(5), to the adjudicating officer.
A worked example
Kestrel Marine Services Private Limited receives a copy of an adjudicating officer's order on 3 June. It wants to appeal. On the words of section 57(3), the appeal must be filed within forty-five days from the date it received the copy, in the prescribed form with the prescribed fee. If it files late, the Tribunal may entertain the appeal only if satisfied that there was sufficient cause. If the order had been made with the consent of the parties, no appeal would lie under section 57(2). On the appeal, the Tribunal is not bound by the Code of Civil Procedure but is guided by natural justice; it may require production of electronic records and receive evidence on affidavits under section 58(2). Its endeavour is to dispose of the appeal within six months from receipt. Before filing, Kestrel's advisers would check the current position of the appellate forum named in this copy.
Need help with an appeal?
The forty-five day period is short, and the right forum, form and fee must be confirmed. Our legal dispute resolution team can review the order and plan the appeal with you.
Key takeaways
- Appeal lies against an order of the Controller or an adjudicating officer, except a consent order of an adjudicating officer.
- Time: forty-five days from receipt of a copy of the order; late appeal for sufficient cause.
- The Tribunal may confirm, modify or set aside the order after hearing the parties.
- Six months is an endeavour for final disposal, not a fixed deadline.
- The Tribunal is guided by natural justice and has listed civil-court powers.
- Check the current position of the appellate forum named in this copy.
Read next
- Sections 59 to 62: representation, limitation, civil court bar and appeal to High Court
- Sections 48 and 49: Cyber Appellate Tribunal, establishment and composition
- Section 46: adjudicating officer and power to adjudicate
- Limitation period for filing suits and appeals: key timelines
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.