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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Regulatory Framework on AI, Cyber Security and Cyberspace

A person abroad, of foreign nationality, launches malware from a server outside India that disrupts a computer network located in India. Which statement is correct under the IT Act, 2000?

The Act applies. Section 75 covers offences committed outside India by any person regardless of nationality, as long as the conduct involves a computer, system or network located in India. The affected Indian network satisfies this, so neither foreign nationality nor foreign location prevents application.

  1. AThe Act cannot apply because the offender is not an Indian citizen
  2. BThe Act cannot apply because the act was done outside India
  3. CThe Act applies, as the conduct involves a computer network located in India, irrespective of nationalityCorrect
  4. DThe Act applies only if the offender later enters India

Explanation

Section 75 extends the Act to offences or contravention committed outside India by any person irrespective of nationality, provided the conduct involves a computer, computer system or network located in India. Here the network in India satisfies this condition. Nationality and place of the act are not bars.

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