JURISDICTIONAL ISSUES NEGATE PROSECUTION OF CYBER CRIMINALS

The world of internet is a no boundary world.  The information can be exchanged to anywhere across the globe. Traditionally, the jurisdiction means a physical boundary or a territory. The seamless boundaries of the internet pose a challenge in regard to jurisdiction. The cyber criminals who commit cyber- crimes cannot be prosecuted unless there is a proper jurisdiction.

In majority cases, the cyber criminals cannot be punished as there is a jurisdictional issue. The criminal belongs to a place; the cause of action due to the criminal’s act is on another place. Due to this reason, even if the criminal’s act causes a loss and is considered crime in one place it may be not be the same in the country where he resides. Thus, the criminals cannot be prosecuted.

There should be an international co-operation between various nations and law enforcement authorities. In majority cases, this co-operation is a failure leading the criminal Scott free. The jurisdictional issues in cyber space can be resolved if all nations decide to provide international co-operation and have an agenda to prosecute cyber criminals.

The law enforcement authorities should also preserve the traces left by a criminal and take measures to see that this information is processed to the required authority. Most of the nations are working seriously and trying to implement legislations to overcome hurdle of jurisdiction.

JURISDICTIONAL ISSUES NEGATE PROSECUTION OF CYBER CRIMINALS

Report by Sai Sushanth