Jurisdictional Challenges in Cyberspace – A Critical Legal Analysis of Legal Theories and Laws in India

Publication Information

Book Title: Cyber Crime, Regulations and Security – Contemporary Issues and Challenges
ISBN: 978-81-956533-0-0
Author(s): Dr. Dinesh Dayma
Published On: 15/11/2022
First Page: 90
Last Page: 100
Publisher: The Law Brigade Publisher

DOI: https://doi.org/10.55662/book.2022CCRS.027

Cite this Article

Dr. Dinesh Dayma, Jurisdictional Challenges in Cyberspace – A Critical Legal Analysis of Legal Theories and Laws in India, 90-100, Published on 15/11/2022, https://doi.org/10.55662/book.2022CCRS.027 Available at https://books.thelawbrigade.com/article/jurisdictional-challenges-in-cyberspace-a-critical-legal-analysis-of-legal-theories-and-laws-in-india/



Unlike the conventional world, the virtual world does not have territorial boarder, political barriers and territorial demarcation. The Cyberspace is the only place which devoid of any state/ country and boundaries. The global standards have converted the entire world into one group: One Global Place with extensive potential to exchange information with the help of highspeed. Cyberspace jurisdiction is an emerging area of internet because cyberspace lacks geographical boarder. Today’s scenario world is facing the issue of internet jurisdiction due to different parties from different nations who have only virtual nexus with others. In the present world of internet, it is very difficult to find that where a person really resides and where should be the cause of action arise in any case. The question arises whether business-related activity conducted over the internet – subject an individual or entity to personal jurisdiction in suits brought in another forum. When should a particular state or court excise personal jurisdiction over an Internet? Indeed, the biggest cryptic problem that evolved jurisprudence into the internet law is the fundamental issue of jurisdiction in the cyberspace. This article discusses contemporary case laws which is emerging jurisprudence on jurisdiction in cyberspace, focusing on U.S. and Indian court judgements addressing on this issue. This article also covers fundament principles to involving personal jurisdiction alongside test for determine jurisdiction in cyberspace. I furthermore address the concept of jurisdiction have accommodated with technological changes in the world. I additionally covering how Indian legislation define and address the concept of Cyber Jurisdiction in India.


Keywords: Cyberspace, Territorial demarcation, Cyber Jurisdiction

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