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

Section 75 of Information Technology Act: Act to apply for offence or contravention committed outside India

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 75

Section 75 of the Information Technology Act establishes the extra-territorial jurisdiction of Indian courts and law enforcement agencies over cyber offenses or contraventions committed outside India targeting computer resources located in India.

Digital Infrastructure Jurisdiction: Section 75 overcomes traditional territorial limitations in criminal law to address borderless cybercrime.
Sub-Section (1): India: Under sub-section (1), the provisions of the Act apply to any offense or contravention committed outside India by any person irrespective of his nationality.
Sub-Section (2): India: Sub-section (2) establishes the jurisdictional nexus: the Act applies if the act or conduct constituting the offense or contravention involves a computer, computer system, or computer network located in India.

By linking jurisdiction to the physical or logical location of the target computer resource rather than the physical location of the perpetrator, Indian cyber police and courts possess statutory authority to issue warrants, trace IP addresses, and initiate extradition proceedings against foreign hackers and overseas cyber criminals.

Key Landmark Precedents:

Shreya Singhal v. Union of India (2015) 5 SCC 1: The Supreme Court recognized the transnational nature of digital networks, affirming that extra-territorial jurisdiction under Section 75 read with Section 1(2) is essential to safeguard Indian cyber sovereignty against external threats.
P.R. Transport Agency v. Bharat Petroleum Corpn. Ltd. (AIR 2006 All 23): The High Court affirmed that where digital communications or servers are situated within India, territorial jurisdiction attaches automatically to Indian courts regardless of where the server command originated.

Legal Commentary:

Section 75 provides the legal foundation for prosecuting foreign ransomware syndicates, phishing hubs, and illegal online betting platforms operating from abroad that target Indian bank accounts, government databases, or critical infrastructure.

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

Section 75 of Information Technology Act: Act to apply for offence or contravention committed outside India

Legal Commentary & Landmark Judgments: Section 75