Section 75 of Information Technology Act provides for extra-territorial Jurisdiction. It states that the provisions of the Act shall apply also to any offence or conviction committed outside India by any person irrespective of his nationality, if the Act or constituting the offence or contravention involves a computer, computer system computer network located in India.

The reason for inclusion of such provision was due to the fact, IT Act is based on UNCITRAL model. And it has almost made a nightmare of Jurisdictional issues. As Cyber Space being a single world without any geographical boundaries, where individuals from all across globe come across each other like they are next-door neighbors.

In such a scenario, if my cyber neighbor who stays in USA, hacks my websites. It is just impossible for me to pursue him in USA. Though Indian laws provide for extra-territorial jurisdiction, but filing a plaint against a US resident in India won’t serve any purpose. As neither a person is going to come to India to defend himself and nor US authorities are going to deport him to India, unless the Cyber Crime is of very  serious nature.

This really creates a great challenge for the enforcement authorities to pursue a culprit abroad, as it is not quite feasible to collect evidence, press prosecution and enforce decrees against such persons residing abroad in normal circumstances. Further, the problem gets more complicated because certain kind of crimes may not be universally acceptable i.e. an act which is a crime in one country, it may not be in another and vice-versa.

Normally, the Indian Laws provide for Jurisdiction provision both for Civil and Criminal Courts, which are feasible propositions. As they provide simple things like… the action can be filed with the court, within whose jurisdiction the cause of action has arisen, the opposite party resides or carries on business, etc.

But due to lack of clarity in IT Act as to Jurisdiction and a Delhi High Court Decision has made things more complicated. As according to a judgment delivered by Delhi High Court, a suit against a person hosting a website can be filed anywhere from where the site can be hosted and as the website can be hosted from anywhere in India, that means if a person is hosting a website in Kochi, which violate Copyrights... I can file a case against him in Delhi, i.e. it gives the power to Delhi District courts to accept the plaint. As for them Delhi High Court judgment becomes a precedent.

These issues can be made less complicated by providing for specific provisions by amendment in IT Act and further by entering into treaties with other countries for pursuing cyber criminals abroad.