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IT Act 2000

Section 75

Act to Apply for Offence or Contravention Committed Outside India

THE STATUTE

Original Text

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.

Simplified

Section 75 gives the IT Act extra-territorial reach — one of the most important jurisdictional provisions in Indian cyber law. The connecting factor is not the nationality of the offender or victim but the location of the computer resource: if the offence involves a computer, computer system, or computer network physically or logically located in India, Indian law applies regardless of where the offender is sitting. This means: a hacker in Eastern Europe who compromises a Mumbai-based server commits an offence under the IT Act; a fraudster in the UAE who accesses the accounts of Indian bank customers through Indian banking infrastructure is subject to Indian jurisdiction; and a foreign national who sends malware targeting Indian e-governance systems faces Indian prosecution. The provision connects closely with Section 1(2), which also asserts extra-territorial application, and together they establish a robust jurisdictional claim for Indian courts. The practical challenge is enforcement — India does not have an extradition treaty with all countries, and mutual legal assistance treaties (MLATs) can be slow. However, the jurisdictional claim is important for: freezing assets, issuing red notices through INTERPOL, blocking services under Section 69A, and prosecuting offenders who visit India. The provision uses an effects-based jurisdictional theory — jurisdiction follows the location of the targeted infrastructure, not the actor.

Common Queries

Yes, if the attack involved a computer resource located in India. Section 75 establishes jurisdiction based on the location of the targeted infrastructure, not the attacker's nationality or location. Enforcement, however, requires extradition or MLAT cooperation with the attacker's country.
Yes. Section 75(1) applies to 'any offence or contravention' — covering both the criminal Chapter XI offences and the civil penalty provisions under Chapter IX.

Legal Evolution

Section 75 was in the original IT Act 2000, reflecting the inherently borderless nature of cyberspace recognised from the Act's inception. India modelled this provision on similar extra-territorial claims in the US Computer Fraud and Abuse Act and the UK Computer Misuse Act. As cyber attacks increasingly originate from abroad, Section 75 has grown in practical importance.

Key Amendments

Unchanged in substance from the original IT Act 2000.

Increasingly relevant as cross-border cyber attacks on Indian infrastructure have grown.