78. Penalties or confiscation no bar against other punishments.—No penalty imposed or confiscation made under this Act shall prevent the imposition of any other punishment to which the person affected thereby may be liable under any other law for the time being in force. 79. Network service providers not to be liable in certain cases.—For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, or rules and regulations made thereunder, for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised due diligence to prevent the commission of such offence or contravention. Explanation.—For the purposes of this section,-(a) “network service provider” means an intermediary; (b) “third party information” means any information dealt with by a network service provider in his capacity as an intermediary. 80. Power of seize or arrest in public place, etc.—Any investigation taken under this Act, the Controller, or any officer of Government authorized by the Government or any police officer not below the rank of a Sub-Inspector of Police are in opinion that an offence has been committed or being committed or offence which is punishable under this Act has been committed, then having written the reasons, may enter the public place and search and seize the germane materials and arrest the concerned person or the offender. 81. Procedure of search, etc.—The provisions of the Code of Criminal Procedure shall, subject to the provisions of this Act, apply, so far as may be, in relation to all investigations, entry, search and arrest made under this Act. Part-3 Establishment of Cyber Appellate Tribunal, Etc. 82. Establishment of Cyber Appellate Tribunal.—(1) The Government shall, by notification in the Official Gazette, establish one or more Cyber Appellate Tribunals to be known as Appellate Tribunal. (2) Cyber tribunal established under sub-section (1) of this section shall consist of one Chairman and two members to be appointed by the Government. (3) A person shall not be qualified as the Chairman of a Cyber Appellate Tribunal unless he is, or has been, or is qualified to be, a Judge of the Supreme Court and one of the members shall be serving in judicial department or retired District Judge and the other member shall be a person having adequate knowledge and experience in information and communication technology. (4) Chairman and members shall be retained in the positions since the date of joining between no less than three years and no more than five years and their terms of reference shall be determined by the Government. 83. Procedure and powers of Cyber Appellate Tribunal.--(1) Cyber Appellate Tribunal shall have the power to hear appeal and dissolving the verdict and order given by Cyber Tribunal and Session Court, as the case may be. (2) In case of hearing and dissolving the appeal, Cyber Appellate Tribunal shall follow the procedure defined by rules and if the rules do not exist in that case Appellate Tribunal shall maintain the procedure in relation to hearing and dissolving of criminal appeal followed by the High Court Division of the Supreme Court. (3) Cyber Appellate Tribunal shall have the power to retain, revoke, alter, or rectify the verdict or order made by the Cyber Tribunal. (4) The decision made by the Appellate Tribunal shall be final. 84. Appeal procedure in case of not establishing Cyber Appellate Tribunal.--If the Cyber Appellate Tribunal has not been established, whatever contained in the Code of Criminal Procedure, 20