DETERMINING JURISDICTION IN CYBER SPACE

Where to file case?

1. Concept of jurisdiction
Tomlinss Law DictionaryJurisdiction is an authority or power, which has power to do justice in causes of complaint brought before him. it means 1. The right to adjudicate on a given point. 2. The local extend within which the court can and does exercise the right when ascertained. Example M.P high court cant decide any subject matter which come under Rajasthan high court

Why It Is Difficult To Deal With Cyber Problems Or Cyber Crime ?

different moral standards in different countries

The decentralized nature of Internet

RELATION OF JURISDICTION WITH STATE AND SOVEREIGNTY

State
Essential elements 1. Population 2. Territory 3. Government 4. Sovereignty

(political science)

sovereignty
Term introduced by Jean Bodin Derived from Latin word suprifus- means supreme authority A.V.Dicey The courts derive its power to adjudicate a matter from the state. Therefore the concept of Jurisdiction is based on the concept of state. The state lies upon the foundation of sovereignty

Important Jurisdiction Principles:

Territorial jurisdiction: According to this each state might exercise jurisdiction over property and person in, or acts or events occurring within 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 used belong to India. )

DETERMINATION OF JURISDICTION

INDIAN SCENARIO IN CYBERSPACE JURISDICTION

Section 1 (2) of IT Act It shall extend to the whole of India and, save as otherwise provided in this Act, it applies also to any offence or contravention there under committed outside India by any person. Act to apply for offence or contravention committed outside India. (1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality. (2) For the purposes of sub-section (1), this act shall apply to an offence or contravention committed outside India by any person if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.

Section 75 of IT Act

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 of any rule CAT has power of civil court and deemed to be judicial proceeding SIL Import v. Exim Adies silk importes (1999)4 SCC 567
has recognized the need of the judiciary to interpret a statute by making allowances for any relevant technological change that has occurred. Until there is specific legislation in regard to the jurisdiction of the Indian Courts with respect to Internet disputes, or unless India is a signatory to an International Treaty

The yahoo case

Facts 1. American website www.yahoo.com give facility for auction site message boards and chat room ,yahoo France operates www.yahoo.fr in France 2. Nazi discussion have occurred in www.yahoo.com which was prohibited by French government 3. 2 French civil liberty group filled case in French court . French court issued injunction and ordered to remove the content in 3 month and fined 1 lakh frank per day for delay

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 case 11 judges bench 1. approved US district court point 1 2. refuse to decide point 2 till French court decree is executed in US 3. no need to file case

How to solve such problems ?

Control over ISP ( internet service provider )

Control over users

Questions
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Thank you