Section 75 IT Act: Act to apply for offence or contravention committed outside India

Information Technology Act, 2000

Section 75 IT Act at a Glance

Section 75 IT Act extends the IT Act to offences and contraventions committed outside India by any person, regardless of nationality. It applies if the act or conduct involves a computer, computer system, or computer network located in India.

Section 75 IT Act Bare Act Text

75. Act to apply for offence or contravention committed outside India.

(1) Subject to the provisions of sub-section (2), the provisions of this Act shall apply also to any offence or contravention committed outside India by any person irrespective of his nationality.

(2) For the purposes of sub-section (1), this Act shall apply 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 IT Act in Simple Words

Section 75 IT Act sets out when the Information Technology Act, 2000 applies to offences and contraventions (violations of the Act) committed outside India. Section 75 IT Act does not create a separate offence of its own, and instead extends the territorial reach of the IT Act, including contraventions involving acts done to a computer without the owner's permission under Section 43 IT Act and offences under Section 66 IT Act.

Under Section 75(1) IT Act, subject to Section 75(2) IT Act, the provisions of the IT Act apply to any offence or contravention committed outside India by any person, regardless of that person's nationality. Both Indian citizens and foreign nationals acting outside India can therefore come within the IT Act.

Section 75(2) IT Act sets the required link to India. For Section 75(1) IT Act to apply, the act or conduct that makes up the offence or contravention committed outside India must involve a computer, a computer system, or a computer network located in India.

When Section 75 IT Act Applies

  • An offence or contravention under the IT Act is committed outside India.
  • It is committed by any person, regardless of that person's nationality.
  • The act or conduct constituting that offence or contravention involves a computer, computer system, or computer network located in India.

Example of Section 75 IT Act

Joseph, a foreign national living outside India, dishonestly accesses a business server without the owner's permission to copy business data. That server is a computer system owned by Tanvi and physically located in Tanvi's office in Rohtak. Even though Joseph acted from outside India and is not an Indian citizen, Joseph's conduct involves a computer system located in India. Under Section 75(1) and Section 75(2) IT Act, the provisions of the IT Act, including Section 66 IT Act, apply to Joseph's conduct.

When Section 75 IT Act Does Not Apply

  • An offence or contravention committed outside India where the act or conduct constituting it does not involve a computer, computer system, or computer network located in India, as required by Section 75(2) IT Act.

FAQs on Section 75 IT Act

What is Section 75 IT Act?▼

Section 75 IT Act makes the Information Technology Act, 2000 applicable to offences and contraventions committed outside India by any person, regardless of nationality. Under Section 75(2) IT Act, it applies when the act or conduct constituting the offence or contravention involves a computer, computer system, or computer network located in India.

Does Section 75 IT Act apply to a foreign citizen acting from outside India?▼

Yes. Section 75(1) IT Act states that the IT Act applies to any person regardless of nationality, provided the condition in Section 75(2) IT Act is met.

When does the IT Act apply to conduct committed outside India under Section 75 IT Act?▼

When a computer, computer system, or computer network in India is involved. Under Section 75(2) IT Act, the act or conduct constituting the offence or contravention committed outside India must involve a computer, computer system, or computer network located in India.

Does Section 75 IT Act cover civil contraventions as well as criminal offences?▼

Yes. Both Section 75(1) IT Act and Section 75(2) IT Act expressly cover any offence or contravention committed outside India when the act or conduct involves a computer, computer system, or computer network located in India.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·