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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law

A foreign national, sitting abroad, uses a computer network located in Hyderabad to contravene the IT Act, 2000 while mining a company's data. Another foreign person abroad commits an act involving only computers located entirely outside India. Which statement about the Act's application is correct?

The Act applies to the first person, because Section 75 covers contraventions committed outside India irrespective of nationality when the conduct involves a computer, system or network located in India. The second person's acts involve no computer located in India, so that link is absent.

  1. AThe Act applies to both persons because of their conduct anywhere in the world
  2. BThe Act applies to neither person since nationality is foreign
  3. CThe Act applies to the first person because the conduct involves a computer network located in India, but not to the second on that basisCorrect
  4. DThe Act applies only to the second person because nationality is irrelevant to Indian networks

Explanation

Section 75 extends the Act to offences or contraventions outside India by any person irrespective of nationality, but under sub-section (2) only where the act involves a computer, computer system or computer network located in India. The first case meets this test; the second does not.

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