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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance

Ananya Traders Pvt Ltd, a Mumbai company, is alleged to have caused a contravention of the Information Technology Act, 2000 by a server operated from Singapore by one of its directors, a foreign national who has never been to India. The company's CS is asked whether the Act can reach the conduct. Which statement is correct?

The Information Technology Act, 2000 extends to the whole of India and, unless it provides otherwise, also applies to any offence or contravention committed outside India by any person. Nationality and the place of the act do not remove the liability, so the director's overseas conduct can be covered.

  1. AThe Act applies only to contraventions committed within the territory of India
  2. BThe 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
  3. CThe Act applies outside India only to Indian citizens
  4. DThe Act applies outside India only if the Central Government issues a fresh notification for each case

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. It is not limited to citizens or to acts within India, and no case-by-case notification is needed.

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