Jurisdiction of Courts under The IT Act,2000 : Case Law
Jurisdiction of Courts in India under The IT Act,2000 A Division Bench of the Allahabad High Court had occasion to deal with the statutory framework pertaining to data breaches in a proceeding for quashing of FIR. In Amit Kumar Jaduan v State of UP and others [MANU/UP/3289/2018] the court examined Sections 43, 47 and 66 of the Act. Some of the important observations of the court are summarised hereunder: The act of default must have been committed without the permission of the person who is owner or a person-in-charge of the computer, computer system or computer network. The act of the defendant must have caused some damage or loss to the person so affected. The difference between Section 43 and 66 is that the pre-requisite of the latter is the existence of mens rea , while under Section 43 of the Act, it is whether the Act committed is without the permission of the owner or person who is in charge of the computer, computer network, or computer system Simultaneous ac...