Jurisdiction regarding cyber crime case (e-mail hacking)
I had filed an online complaint regarding cyber crime (email hacking) with Central Bureau of Investigation (CBI) Cyber Crime Cell through their website. My gmail and yahoo email ids were hacked. I suspected it to be the handy work of my estranged wife who was living separately from me for the past 2 months with her parents in her paternal home at Jaipur, Rajasthan. CBI Cyber Crime Cell transferred the case to - Cyber Crime Cell, EOW, Delhi Police, 22/23 Udyog Sadan, Qutub Institutional Area, New Delhi. They further transferred the case to Cyber Crime Cell, EOW, PTS Malviya Nagar, New Delhi. The Cyber Crime Cell team was finally successful in their investigations and was able to crack the case. My statements were coroborated and in the investigation report it came out that the IP addreess was assigned to my estranged wife. After successfully completing their investigations and cracking the case the Cyber Crime Cell team transferred the case to the police station under which our area comes for taking further action and taking the case to its logical conclusion. The SHO in consultations with the concerned I.O. concluded that since the crime (email hacking) had been committed from Jaipur so it doesn’t lie within the jurisdiction of Delhi and so transferred the investigation report to the S.S.P. Jaipur with their findings. All these several months I tried to meet and convince senior officers of the Delhi police but in vain. They were not ready to listen and just stated that as the crime (email hacking) had been committed from Jaipur the FIR would be registered in Jaipur ONLY. After failing to convince the Delhi Police to register the F.I.R. in New Delhi, I decided to file a private complaint u/s 156(3) in district courts, New Delhi. Two hearings have gone by. In the first hearing I was just given a next date as the concerned magistrate hadn't come and in the second hearing I had an argument with the magistrate. I began by telling him that this is a case of cyber crime and my gmail and yahoo email ids were hacked by the accused. I further told him that the case has already been investigated by the cyber crime cell and it has been proved that the crime had been committed by the accused. I apprised him that the Delhi Police is not registering the FIR since as per them the jurisdiction of Delhi is not applicable as the crime (hacking) had happened from Jaipur. I told the magistrate that I am living here in Delhi and I discovered that my email Id had been hacked in Delhi so I would report the crime in Delhi and the police ought to register an FIR here. I also argued with the magistrate that Sir "If someone had hacked my email id from America (US) then would I go to US to file an FIR", the magistrate said that this is not the way to argue, the city is here in India itself you can go there. Meanwhile he asked me to read juridiction w.r.t CrPC and find out the points of jurisdiction and gave the next date. The magistrate asked me to prove how jurisdiction of Delhi is applicable and then he'll order the Delhi police to register the F.I.R. and gave me next date. He asked me to read CrPC sections for jurisdiction. Please do help me in arguing with the magistrate regarding juridiction. Please do help me with case studies which I can argue in front of the magistrate. My case is to come up for hearing this weekend. Waiting for guidance from experts in cyber law. Please do let me know how should I argue with the magistrate. I am appearing as party in person in my case.
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Hi ,Plz see the sec.179 of CrPC. When an act is an offence, due to anything, which has been done, and of a consequence, which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued.
It is a typical matter of ignorance of INFORMATION TECHNOLOGY ACT by one and all. This law provides for GLOBAL JURISDICTION under section 75 and there should not be absolutely any issues related to jurisdiction regarding I T Matters. As our judiciary as well as police machinery well versed with CrPC they will not think above the same. You can quote section 75 of IT Act for contending jurisdiction issue.
Section 188 provides that even if a citizen of India outside the country commits the offence, the same is subject to the jurisdiction of courts in India. In India, jurisdiction in cyberspace is similar to jurisdiction as that relating to traditional crimes and the concept of subjective territoriality will prevail. Moreover Section 178 deals with the crime or part of it committed in India and Section 179 deals with the consequences of crime in Indian Territory.
Tags: Cyber Laws Cyber Crimes