Cyberspace jurisdiction meaning and concept

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.