CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Security
A hacker in a foreign country, using a computer located outside India, gains unauthorised access to a server located in Hyderabad belonging to an Indian company. Can the IT Act, 2000 be applied?
Yes, the IT Act applies. It has extraterritorial application to any offence or contravention committed outside India by any person, provided the act involves a computer, system or network located in India. The hacker's nationality or location does not prevent applicability, though extradition affects enforcement.
- ANo, because the offender and his computer are outside India
- BNo, because the Act applies only to offences committed by Indian citizens
- CYes, only if the hacker is later extradited to India
- DYes, because the Act applies to an offence involving a computer, system or network located in India, even if committed outside India by any personCorrect
Explanation
The Act has extraterritorial reach: it applies to an offence or contravention committed outside India by any person if the act involves a computer, computer system or network located in India. Citizenship and location of the offender's computer are not decisive, and extradition affects enforcement, not applicability.
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