This article is written by Shyam Gupta of IPEM Group of Institute.

Cybercrime was that modern concept of crime where the person harm or threat to harm in mental or pecuniary term by using internet. Here, the “cyber” denotes a relationship with information technology (IT), i.e., computers and on the hand, “crime” means an action or omission that constitutes an offense in law which seems cybercrime mean any action or omission by the way of information technology (IT) that constitute an offense in law.

Digitalization is the key to improve the position of the country, unequivocally the government of India is also encouraging to shift toward electronic mode by the way of project “Digital

India”. Before penetrating in it’s important to form the policies that would deal with the cybercrime.

In today’s word internet is more emerging than other form of communication due to which there are equal pros and cons of it. Cyberspace was the modern form of weapon to the word which can be uses as hacking, cyber terrorism, pishing, spoofing, defamation, etc. which were peril to the society at large.

In the case of suit of the movable property section 19 of the civil procedure code states that “Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.”

Section 20 says: Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-

1. the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or

2. any of the defendants, where there are more than one, at the time of the

commencement of the suit actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or

And where talking about the copyright act Section 62 says

1. Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.
2. For the purpose of sub-section (1), a “district court having jurisdiction” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain

It seems that the plaintiff place of business is important for the court to decide the jurisdiction weather to try the case or not.

Jurisdiction of Cybercrime

This is very prominent area of myth in cyber space because every other day we are using cyberspace. We need to know about the jurisdiction to be particular to decide many complicated and technical issues which is arising out of the cyberspace.

Here, jurisdiction means the right authority to pronounce where the dispute is arises. There are three kinds of jurisdiction:

Prescriptive Jurisdiction: It is also known as legislative jurisdiction which mean the jurisdiction power of the state to legislate a particular law relating to an issue.

Enforcement Jurisdiction: Enforcement Jurisdiction mean the power of the state to enforce a particular law which are enforce by state agencies and every agency has its own enforcement Jurisdiction.

Adjudicative Jurisdiction: The jurisdiction of the court to try and adjudicate matter which is before them, there can be different kinds of issue which can be come before the court but it is important to see for the court as to whether they can decide the case before them or not,

because there might be different kinds of parties which may be residing within the jurisdiction

of the court or not.

In this case of Zippo Manufacturing v. Zippo Dot Dom Inc the court classified website as passive, interactive and integral through defendants business and held that the place of jurisdiction will be the place of interactive website. The passive website only provide you the information but doesn’t interact, this kind of passive website doesn’t create any jurisdiction, but if it is interactive then it is interpreted by the court as the website or activities of the website are happening within the forum state itself.

The most important unique feature of the cyberspace is, it is a borderless territory, so any information which is coming from the outside can be accessible in India also and there is no barrier. Secondly, it has unlimited accessibility we can access cyberspace at any point of time from anywhere.

Lack of boundaries lead to increase the following issues:

1. It is very problematic to find the user or the website location of the hacker which he hide with the help of spoofing technique.
2. Website are operated from different corner of the world so it would be difficult to bring the accuse behind the cuffs.

There are five types of jurisdiction of cybercrime:

1. Original Jurisdiction

Hearing at the very first instance of the case to take cognizance which can be decided by the authority of the court is called Original Jurisdiction.

2. Pecuniary Jurisdiction

The pecuniary means money which says the jurisdiction of cybercrime related to money. It creates the hierarchy towards the courts to try the case by its valuation. As a limit of district forum it can try the cases with the limit of twenty lakh only.

3. Territorial Jurisdiction

In the territorial jurisdiction particularly in the rules are on the side of defendant carries out where the defendant resides or carry on the business or where the cause of action start, for this section 19 and 20 of CPC are incorporate the jurisdiction.

In the Banyan tree case court held that for the purpose of passing off action or an infringement action where the plaintiff is not carrying on business within the jurisdiction of the court and

where the long-arm statue, in order to satisfy the forum court that it has jurisdiction to entertain the suit, the plaintiff would have to show that the defendant “purposefully availed” itself of the jurisdiction of the forum of the court.

4. Subject matter Jurisdiction

In subject matter jurisdiction the court of law will only hear the case with particular subject matter. For instance, District forum under Consumer Protection act, 1986 has jurisdiction only related to consumer related cases, can’t try any other cases

In the case of Calder V. Zones the court move from the subjective territoriality test that is the court will regulate an activity only if it is shown and having originated in its territory to objective territoriality or effect the test. So, this test need only the effect of the activity in the cyberspace.

5. Appellate Jurisdiction

By the name, we can easily understand about the jurisdiction which is the appealable authority to adjudicate the matter of dispute, means the court which rehear or review the case which is already decided by the lower court. Supreme Court of India and the State’s High court are the appellate jurisdictions in India.

CONCLUSION

There is a mandate need of better collaboration between the United Nation Organization to cope up with the festering issue associated with the cyber jurisdiction. Safeguards are needed to ensure that laws that place restrictions on Internet access and content are not abused and are in accordance with the rule of law and human rights. Clarity in law is also needed to ensure that laws are not used to prohibit access to content in a manner that violates human rights law.

References

1. Civil Proceadure Code, 1908 Section 19
2. Civil Proceadure Code, 1908 Section 20
3. Copyright Act, 1957 Section 62
4. Zippo Manufacturing v. Zippo Dot Dom Inc, United Stated District Court
5. Calder v, Zones, United States of Supreme Court
6. Consumer Protection Act, 1986

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