Introduction To Information Technology & Law: Dr. Swapnil Bangali

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Introduction to Information

Technology & Law

Dr. Swapnil Bangali


B.Com., LL.B., DLL, DTL, LL.M., DIPL, NET, Ph.D.
 Cyber Laws- Misnomer

 Information Technology Law

 IT Act, 2000- Worldwide implications


with some shortcomings
Cyber Jurisdiction

 Jurisdiction- Authority of Courts

 Conflicts of Sovereigns

 Compromising Sovereignty
Cyber Jurisdiction

 Cicero- “single law for single time for all


states” – Unification of Law

 United Nations

 United Nations International


Commission on International Trade Law
(UNICITRAL)
 Yahoo Memorabilia Case, 2000

 Dow Jones v. Gutnick, 2002


Principles of Jurisdiction
International Conflicts

 Territorial Principle

 Nationality Principle

 Protective Principle- National Security

 Passive Personality
 Universality Principle

 Doctrine of Effect
 The Information Technology Act, 2000 applies to
whole of India, and its provisions also apply to any
offence or contravention, committed even outside
the territorial jurisdiction of India, by any person
irrespective of his nationality.

 In order to attract provisions of this Act, such an


offence or contravention should involve a computer,
computer system, or computer network located in
India. [Section 1 (2)]
 Anara Gupta’s Case

 Delhi Public School MMS Case


Applicability of IT Act, 2000

Section 1: This Act is applicable to the


whole of India. (including J&K)

This Act is also applicable where the


provisions of this Act are contravened
from outside India, subject to Section 75.
Section 75

 Subject to Section 1, the Act will be


applicable to offences and contraventions
under this Act committed from beyond
India when, the computer, computer
network, computer system is affected by
the act of a person.
IT Act is not applicable to…
1. Negotiable Instruments (other than Cheques)
2. A Power of Attorney
3. Wills
4. Trust
5. Any contract for sale of conveyance relating
to Immovable Property
6. Anything at the decision of the Central
Government
Be Informed!

Thank YOU!

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