The problem of jurisdiction in Cyber Crimes

INTRODUCTION

In the virtual age India being a developing nation is embracing new technologies. Hence, India is a part of cyberspace, which connects it with the rest of the world and has a wide range of functioning. The wide range of functioning makes it impossible to limit physical boundaries, because it is all virtual. This wide range of functioning makes it impossible to  limit physical boundaries, because it is all virtual. But the affect of these virtual transactions, affect the real world and all this widespread and lack of boundaries leads to the rise of following problems with regard to jurisdiction: (a) It is very difficult and sometimes impossible to track down where the user or website is located. (b) There may be a case where different parts of the website are hosted at different parts of the world. (c) In spite of the website being hosted in one area, the user can be in any other place in the whole world. (d) The website can be moved easily, changing the physical location of the server etc. (e) All the content has worldwide audience. Since the crime can be committed anywhere in the world the determination of jurisdiction is a major problem; it can be called a 'double edged sword'. The doctrine of ubiquity can be applied here, according to which if one "if one of the constituent element of the offence or the ultimate result occurred within the country's territorial limit" this means there can be many jurisdictions for one crime. For example : The attacker is in USA, the victim is in India, and the server in France, this gives jurisdiction to many countries. The IT Act The IT Act makes a lot of acts illegal. The sub section 2 of section 1 of the IT Act states that the act shall extend to the whole of India and this includes Jammu and Kashmir as well. It also includes any contravention committed by a person outside India. Section 75 discuss the jurisdictional aspect cyber crimes; it says that the provision of the IT Act apply to anyone, even outside in physical boundaries of India, and irrespective of the person's nationality. Hence it can be said that the ingredients to come under jurisdiction of the act there must be following essentials

1. A person,irrespective of nationality.
2. An act, even if committed outside India.
3. This act should affect or be committed against a computer, computer system, or a network located in India.

This provision has adopted the principle of "Universal Jurisdiction", but it is silent on how to bring an action to this effect.

Indian Penal Code, 1860

An amendment to the Section 4 of the Indian Penal Code has strengthened the sections relating to the jurisdiction in the IT Act. And now this section 4 (3) states that provisions of the code apply to "any person in any place without and beyond India committing offence targeting a computer resource located in India”.  This brings the crime committed against any computer resource in India under the jurisdiction.

Extradition Treaties 

To bring into effect the sections mentioned in the IT Act with reference to Jurisdiction, there is a need of any contract fostering International Corporation or extradition treaty. India has not yet singed ant extradition treaties. India has not yet signed treaties with any country with respect to cyber crimes.   A CBI special judge, Talwant Singh at a conference in New Delhi said that "Till date, we do not have a single treaty with any other country to extradite a cyber criminal to be brought to India", this may have adverse effects like, a cyber terrorist may collapse the whole economy, and flee because of  lack of extradition treaty. This also calls for a need to set up "an infrastructure to protect vital information on national security".