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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Information Technology

A Mumbai-based software firm's employee, while sitting in Dubai, hacks into a server of an Indian company and causes damage. Under the extent clause of the Information Technology Act, 2000, what is the position regarding the Act's application?

The Act applies. Section 1(2) extends it to the whole of India and, unless the Act provides otherwise, to any offence or contravention committed outside India by any person. Place of commission abroad or the nationality of the offender does not take the act outside the Act.

  1. AThe Act does not apply because the act was committed outside India
  2. BThe Act applies only if the employee returns to India within one year
  3. CThe Act applies only if the Central Government issues a special notification for that case
  4. DThe Act extends to the whole of India and, save as otherwise provided, also applies to an offence or contravention committed outside India by any personCorrect

Explanation

Section 1(2) states that the Act extends to the whole of India and, save as otherwise provided, applies also to any offence or contravention committed outside India by any person. No notification or return to India is required. Hence the claim that the Act cannot apply to acts done abroad is wrong.

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