7/29/2019 Determining Jurisdiction in Cyber Space

1/15

7/29/2019 Determining Jurisdiction in Cyber Space

2/15

1. Concept of jurisdiction

Tomlinss Law Dictionary-

Jurisdiction is an authority or power, which haspower to do justice in causes of complaint brought beforehim.

it means1. The right to adjudicate on a given point.

2. The local extend within which the court can anddoes exercise the right when ascertained.

Example M.P high court cant decide any subjectmatter which come under Rajasthan high court

7/29/2019 Determining Jurisdiction in Cyber Space

3/15

Why It Is Difficult To Deal With Cyber Problems Or

Cyber Crime ?

different moral standards in different countries

The decentralized nature of Internet

7/29/2019 Determining Jurisdiction in Cyber Space

4/15

RELATION OF JURISDICTION

WITH

STATE AND SOVEREIGNTY

7/29/2019 Determining Jurisdiction in Cyber Space

5/15

State (political science)

Essential elements

1. Population

2. Territory

3. Government

4. Sovereignty

7/29/2019 Determining Jurisdiction in Cyber Space

6/15

sovereignty

Term introduced by Jean Bodin

Derived from Latin word suprifus- means supremeauthority

A.V.Dicey The courts derive its power to adjudicate a matter

from the state.

Therefore the concept of Jurisdiction is based on theconcept of state. The state lies upon the foundationof sovereignty

7/29/2019 Determining Jurisdiction in Cyber Space

7/15

Important Jurisdiction Principles:

Territorial jurisdiction:

According to this each state might exercisejurisdiction over property and person in, or acts or

events occurringwithin its territory. Personal Jurisdiction: depend on plaintiff or

defendant

Universal Jurisdiction : (delicit jure gentium)

jurisdiction of all states where ever committed.

(IT Act only need to prove is that computer etc usedbelong to India. )

7/29/2019 Determining Jurisdiction in Cyber Space

8/15

DETERMINATION

OF

JURISDICTION

7/29/2019 Determining Jurisdiction in Cyber Space

9/15

INDIAN SCENARIO IN CYBERSPACEJURISDICTION

Section 1 (2) of ITAct

It shall extend to the whole of India and, save as otherwiseprovided in this Act, it applies also to any offence orcontravention there under committed outside India by anyperson.

Section 75 of IT Act Act to apply for offence or contravention committedoutside India.

(1) Subject to the provisions of sub-section (2), the provisionsof thisAct shall apply also to any offence orcontravention committed outside India by any person

irrespective of his nationality.

(2) For the purposes of sub-section (1), this act shall apply toan offence or contravention committed outside Indiabyany person if the act or conduct constituting the offence orcontravention involves a computer, computer system or

computer network located in India.

7/29/2019 Determining Jurisdiction in Cyber Space

10/15

Cyber appellate tribunal (section 48-64)

Section 61-civil court have no jurisdiction

CAT is not bound by CPC. (sec 58) ,

Work on basis of natural justice ,guidance of this act or ofany rule

CAT has power of civil court and deemed to be judicialproceeding

SIL Import v. Exim Adies silk importes (1999)4 SCC 567

has recognized the need of the judiciary to interpret a statute by makingallowances for any relevant technologicalchange that has occurred. Until thereis specific legislation in regard to the jurisdiction of the Indian Courts with respect toInternet disputes, or unless India is a signatory to an International Treaty

7/29/2019 Determining Jurisdiction in Cyber Space

11/15

The yahoo case

Facts

1. American website www.yahoo.com give facilityfor auction site message boards and chat room

,yahoo France operates www.yahoo.fr in France2. Nazi discussion have occurred in

www.yahoo.com which was prohibited by Frenchgovernment

3. 2 French civil liberty group filled case in Frenchcourt . French court issued injunction and ordered toremove the content in 3 month and fined 1 lakhfrank per day for delay

7/29/2019 Determining Jurisdiction in Cyber Space

12/15

Yahoo case and US courts

Yahoo filed case before US district court

1. real and immediate threat to yahoo.

2. French order violate US constitution

3. thus dismissed the case11 judges bench

1. approved US district court point 1

2. refuse to decide point 2 till French court decree isexecuted in US

3. no need to file case

7/29/2019 Determining Jurisdiction in Cyber Space

13/15

How to solve such problems ?

Control over ISP ( internet service provider )

Control over users

7/29/2019 Determining Jurisdiction in Cyber Space

14/15

Questions???? ????

7/29/2019 Determining Jurisdiction in Cyber Space

15/15

Thank you