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Under the Information Technology Act, 2000, contraventions attracting "penalties" under Sections 43 to 47 are adjudicated by:
Answer & Solution
Correct answer: D.
1. The Lesson 17 paragraph on Penalties and Adjudications states the Act contemplates a dual scheme.
2. Acts visited with "penalties" are "adjudicated, not before courts, but before adjudication officers".
3. Section 46 empowers the Central Government to appoint an Adjudicating Officer for adjudging contraventions.
4. The Adjudicating Officer must have due regard to the gain from the unfair advantage, the loss caused, and the repetitive nature of the default.
_Source: ICSI CS Executive Paper 1 (Jurisprudence, Interpretation & General Laws) — Lesson 17: Information Technology Act, 2000, pp. 407-419._
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