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NEW DELHI, Feb. 15

A GLOBAL Cyber Crime Treaty, sponsored by the Council of Europe to tackle cyber crimes at a global level is on the anvil.

The US and Japan are pursuing this treaty enthusiastically. It will be the first initiative to combat cyber crimes at a global level, according to an official release.

To address the problem of multiplicity of jurisdiction, The Hague Conference on Private International Law is working on a convention on Jurisdiction and Foreign Judgements in civil and commercial matters.

The convention will seek to strengthen the global enforcement of private judgements and injunctive relief in commercial litigation. It obliges member States to follow a set of rules regarding cross-border litigation and every country is obliged to enforce the judgements of member countries even if the country has no connection to a particular dispute.

Provisions of the (Indian) Information Technology Act, 2000 and other rules apply to any offence or contravention committed outside India by any person, irrespective of his or her nationality.

This Act applies to an offence or contravention committed outside India by any person if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India.

Section 75 of the Information Technology Act, which applies to offence committed outside India, is similar to the long arm statutes of the US where the US courts assume jurisdiction over acts committed outside its territory. This provision has been criticised on the ground that it is unworkable since it is not practicable to bring offenders from foreign countries to India for trial.

The need for such a provision, however, becomes clear if the nature of contraventions and offences committed in cyberspace is understood. Cyberspace permits offenders to commit offences without having to visit the scene of crime. Invariably, hacking and other crimes are perpetrated from outside the country.

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