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ARTICLE · 25 AUGUST 2017

Cyber Laws In India

Solomon & Co. Advocates & Solicitors
Solomon & Co. Advocates & Solicitors
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The Information Technology Act, 2000 (ITA-2000) is the primary legislation in India which deals with cybercrime and electronic commerce.

IndiaTechnology
Solomon & Co.
Solomon & Co.

The Information Technology Act, 2000 (ITA-2000) is the primary legislation in India which deals with cybercrime and electronic commerce.

Extraterritoriality

It applies to the whole of India. Persons of other nationalities can also be charged if the crime involves a computer or network located in India.

If an online resource (servers, computers, networks) is based in India, i.e. is physically within the territorial limits of India, it would fall under the purview of the Information Technology Act, and any individual accessing this resource would, regardless of their own geographical location or nationality, be subject to India's cyber laws. This primarily reflects India's prescriptive jurisdiction, but may not address the limits which international law places on its jurisdiction. The laws could only be meaningful if backed with provisions recognizing orders and warrants for information issued by competent authorities outside the jurisdiction as well as measures

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