Whether legal jurisdiction is able to check cyber-crime where there are no territorial borders and even where the criminal does not have any physical presence in the forum

1. Presented By:
Mrs. DebashreeChakraborty
WBNUJS, Kolkata
Acad-2013-14
PhD-14

2. Cyber Space
Jurisdiction: Its meaning and scope
Jurisdiction under the Civil Procedure Code,
1908
Jurisdiction under the Code of Criminal
Procedure
Jurisdiction under the Information Technology
Act
Jurisdiction under International Law
Cases On Cyber Jurisdiction

3. 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.
An environment for

4. Cybercrimeisnothingbutacriminal activities
carriedoutbymeansofcomputersorthe
Internet.

5. Thegeographicareaoverwhichauthority extends;legalauthority; the
authority tohearanddeterminecausesofaction.
It refers to the origin of a court's authority
This insures that onecourt is not overrunwith cases from different
districts or jurisdictions.
This used to define the proper court in which to bring a particular case
It refers to the inherent authority of a court to heara case andto declare
a judgment

6. Original In- rem
Territorial
In -
personam
Jurisdiction

7. Original jurisdiction-in which a court hears a
case at the first instance
Appellate jurisdiction - where the court hears only
an appeal from the trial court
In personam- a court has jurisdiction over the
persons involved in the lawsuit and is empowered
to deal with matters between them such as in a
law suit on a debt or accident case.
In-rem- the court has jurisdiction over the particular
thing the law suit involves such as a particular
piece of land

8. A body of rules established by
custom or treaty and recognized by
nations as binding in their relations
with one another.
3 distinct International Legal disciplines
1. Public International Law
2. Private International Law
3. Supranational Law

9. Jurisdiction under the Civil Procedure
Code, 1908
Jurisdiction under the Code of Criminal
Procedure
Jurisdiction under the Information
Technology Act
Jurisdiction under International Law

10. Pecuniary basis
or
Monetary basis
Territorial wise
or
Area - wise
Jurisdiction
matter - CPC
divided the
jurisdiction of
the civil court
on two basis

11. Pecuniary or monetary basis -
consisting of or relating to money.
Territorial jurisdiction or Area - wise -
the sovereign jurisdiction that a state
has over land within its boundary
limits over its inland and territorial
waters and to a reasonable extent
over the air space above and subsoil
below in such land and waters, and
over all persons and things within
those areas subject to its control

12. Criminal offences shall be inquired:-
Ordinarily inland tried by a Court within whose local jurisdiction it
was committed
In case of severed local areas, where offence was committed or
continues and thus tried by a Court within whose local jurisdiction of
the offence was committed or the accused person is found.
If offence is committed by an Indian citizen outside India, person may
be dealt with in such offence as if it had been committed at any place
within India
If offence was committed by a person who is not a citizen but he
committed outside India on any ship or aircraft, person may be dealt
with in such offence as if it had been committed at any place within
India
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

13. Its provide legal recognition for transactions carried out by means
of electronic data interchange and other means of electronic
communication.
This Act shall apply to an offence or contravention
committed outside India by any person [Section 75 & 2(2)]
Section 13 speaks that if the originator or the addressee has
more than one place of business then principal place of
business shall be the place of business.
In case where there does not have any place of business,
then usual place of residence in relation to a body
corporate, means the place where it is registered.
(Section 61) Civil Court has no jurisdiction in the matter of
cyber world

14. “International Law” is the name of the body of customary and conventional
rules which are considered legally binding by civilized states in their
intercourse with each other
Principle of Universal Jurisdiction
A legal principle allowing or requiring a state to bring
criminal proceedings in respect of certain crimes
irrespective of the location of the crime and the
nationality of the perpetrator or the victim.
There is no formal legal basis for universal jurisdiction, but it represents a
customary international norm

15. This phrase is used to signify that the laws of different
countries, on the subject-matter to be decided, are in
opposition to each other; or that certain 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 what law to apply
is procedural, or the court can apply the law of the site of
the transaction, or occurrence that gave rise to the litigation
in the first place (lex loci)– this is usually the controlling
law selected when the matter is substantive.

16. A treaty comes into force as an attempt to end conflict or
disagreement between a few countries whereas a
convention is an attempt by many countries to discuss
global issues and reach and agreement to be followed by
signatories.
Convention is a process that begins with deliberations
and ends in an agreement that is drafted and ratified by
member countries. On the other hand, a treaty is signed
straight away by the members.

17. Facts-
Cybersell, Inc., an Arizona corporation that advertises for
commercial services over the Internet, claims that Cybersell,
Inc., a Florida corporation that offers web page construction
services over the Internet, infringed its federally registered
mark and should be amenable to suit in Arizona because
cyberspace is without borders and a web site which
advertises a product or service is necessarily intended for
use on a world wide basis.“
District Court Decision-
The motion of Cybersell (Florida) to dismiss the suit filed in
federal court in Arizona for lack of personal jurisdiction
was granted. Cybersell (Arizona) appealed.

18. o Court of Appeals Decision Affirmed. –
Applying the "minimum contacts" requirements, it
would not comport with 'traditional notions of fair
play and substantial justice' for Arizona to exercise
personal jurisdiction over an allegedly infringing
Florida web site advertiser who has no contacts
with Arizona other than maintaining a home page
that is accessible to Arizonans, and everyone else,
over the Internet. No court has ever held that an
Internet advertisement alone is sufficient to subject
the advertiser to jurisdiction in the plaintiff's home
state." Cybersell (Florida) did not contact anyone or
make any sales in

19. Tracing the actual legal jurisdiction
for cyber crime
CPC totally deal with civil matter within the state and hence
cyber-crime is not able to come under its perview.
Code of Criminal Procedure expands its ambit on its citizen
and any ship or aircraft which is registered in India. It means
Indian court has only jurisdiction in these three fields. But
again, jurisdiction of cyberspace is not clear.

20. International Law is quite successful in maintaining a
peaceful and amicable relationship among the countries
with the help of various mechanism and organizations.
But, it can be observed that International Law is
insufficient to cover the primary jurisdiction in the matter
of cyber crimes.
Conflict of law can be solved by Convention and treaties.
But, India is not a signatory of the Convention of Cyber
Crime
Information Technology Act 2000 tries to expand its ambit
to extra territorial jurisdiction; still it is difficult for the
courts to punish the defendant as they may be from a
different country.

21. The time has come when all the countries
of the world should come forward and co-
operate to form a unique law.
India should also participate in various
international treaties and conventions to
eradicate such evil practices in the cyber
world and make the cyber space a safer
place.