Cyberspace jurisdiction meaning and concept

1. CYBERSPACE JURISDICTION
MEANING AND CONCEPT

2. CYBER SPACE
• The online world of computer network and the internet is termed as
Cyber Space
• The word “cyber space” is credited to William Gibson who used it
in his book, Neuromance written in 1984.
• Cyber crime is nothing but a criminal activities carried out by means
of computers or the Internet.
• Cyberspace refers to the virtual computer world, and more
specifically, is an electronic medium used to form a global computer
network to facilitate online communication.
• It is a large computer network made up of many worldwide
computer networks that employ TCP/IP protocol to aid in
communication and data exchange activities.
• Cyberspace’s core feature is an interactive and virtual environment
for a broad range of participants.

3. Type of jurisdiction in india
• Original court: where a court hears a case at first
instance.
• Appeal jurisdiction: when the court hears only one
appeal from the court of first instance.
• In personam: a court has jurisdiction over those
person involved in the lawsuit and is empowered to
discuss matters among them, such as a debt lawsuit or
an accident case.
• In-rem: the court has jurisdiction over the particular
issue that the lawsuit involves, such as particular
land.

4. International law for Indian
sovereign
• A set of norms established by custom or treaty and
recognized by nations as constraining in their
relations with one another.
• Three different international legal disciplines
1. Public international law
2. Private international law
3. Supranational law

5. Indian legal framework
Applicability of court jurisdiction
• Jurisdiction under the Civil Procedure Code,
1908
• Jurisdiction under the Code of Criminal
Procedure, 1973
• Jurisdiction under the Information Technology
Act,2000
• Jurisdiction under International Law

6. Jurisdiction under the Civil Procedure
Code, 1908
Civil Procedure Code, 1908 lay down the rule in
which a civil court is to function:-
• Pecuniary basis or Monetary basis
• Territorial or zonal jurisdiction

7. • Pecuniary or monetary basis: consists of or is
linked to money.
• Territorial or zonal jurisdiction - at the zonal
level - the sovereign jurisdiction of a state over
land within its border limits over its internal
and territorial waters and to a reasonable
extent over the airspace above and subsoil
below these lands and waters, and over all
people and things in those areas under your
control.

8. Jurisdiction under the Code of Criminal
Procedure, 1973
Cr.P.C Chapter 13; Section 177 to 189 explains regarding the
jurisdiction of the criminal courts.
Criminal offenses will be investigated: -
• Normally, within the country, tried by a court in whose local
jurisdiction they were committed.
• In the case of seized local areas, where the crime has been
committed or is continuing and is therefore tried by a court in
whose jurisdiction the crime was committed or the accused is
located.
• If the crime is committed by an Indian citizen outside of India, the
person can be treated as if it had been committed anywhere in
India.
• If the crime was committed by a person who is not a citizen but was
committed outside India on a boat or a plane, the person can be
prosecuted as if it had been committed anywhere in India .

9. Jurisdiction under the Information
Technology Act,2000
Provides legal recognition of transactions carried out through
electronic data interchange and other electronic means of
communication.
• This law applies to a crime or a contravention committed
outside India by any person [sections 75 and 2 (2)]
• Article 13 states that if the sender or consignee has more
than one place of business, the principal place of business
will be the place of business.
• If there is no establishment, the usual place of residence of
a legal person means the place where it is registered.
• Article 61 - The Civil Court has no jurisdiction in cyber world

10. Jurisdiction under International Law
“International law” is the name of the set of customary
and conventional norms that civilized states consider
legally binding in their mutual relations.
• Principle of universal jurisdiction:- A legal principle that
allows or obliges a state to bring criminal proceedings
for certain crimes, regardless of the scene of the crime
and the nationality of the perpetrator or victim.
There is no formal legal basis for universal jurisdiction,
but it represents a customary international standard

11. Conflict with law
• This phrase is used to signify that the laws of different
countries, on the subject to be decided, are opposed to
each other; or that some laws of the same country are
contradictory.
• A court can apply the law of the forum (lex fori), which
is usually the result when the question of which law to
apply is procedural, or the court can apply the law of
the place of the transaction or the fact which gave rise
to the transaction. litigation in the first place (lex loci):
this is generally the law of control chosen when the
subject is substantial

12. Treaty and convention
A compact made between two or more independent
nation with a view of public welfare.
• A treaty comes into force in an attempt to end a
conflict or disagreement between a few countries,
while a convention is an attempt by many countries to
discuss global issues and come to an agreement that
must be followed by the signatories.
• The Convention is a process that begins with
deliberations and ends with an agreement drafted and
ratified by member countries. On the other hand,
members immediately sign a treaty

13. Conclusion
Tracking the actual legal jurisdiction for cybercrime.
• The CPC fully deals with civil matters within the
state and therefore cybercrime cannot be in its
perspective.
• The Code of Criminal Procedure extends its scope
to its citizens and to any vessel or aircraft
registered in India. This means that the Indian
court has jurisdiction only in these three areas.
But again, the jurisdiction of cyberspace is
unclear

14. • International law is quite successful in
maintaining a peaceful and friendly relationship
between countries with the help of various
mechanisms and organizations. But, we can see
that international law is insufficient to cover the
main jurisdiction in cybercrime.
• Conflicts of laws can be resolved by conventions
and treaties. But India is not a signatory to the
Cybercrime Convention
• The Information Technology Act 2000 attempts to
extend its scope to extraterritorial jurisdiction;
Still, it is difficult for the courts to punish the
accused because he may be from another
country.