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Provide available information to determine jurisdiction
Crime type affects which sections and courts may apply
Where the criminal act was initiated from
Where the complainant/victim resides
Where the suspected perpetrator is located
Location of server/computer system involved in the crime
Jurisdiction Analysis
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This tool analyzes territorial jurisdiction for cyber crimes under BNSS and IT Act.
Primary Jurisdiction
Alternative Courts with Jurisdiction
Legal Basis for Jurisdiction
Relevant Case Laws
Recommended Procedure
Understanding Cyber Crime Jurisdiction
Cyber crimes pose unique jurisdictional challenges because the criminal, victim, and evidence may be in different locations. Indian law provides multiple bases for establishing jurisdiction:
- Section 177-184 BNSS: General territorial jurisdiction rules - where offence committed or consequences ensue
- Section 75 IT Act: Extraterritorial application - if computer/network in India is involved, Indian courts have jurisdiction
- Section 78 IT Act: Police officer not below Inspector rank to investigate
- Continuing offence doctrine: FIR can be filed where any part of cause of action arose
Section 75 IT Act - Key Provision
"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."
This section enables prosecution of foreign nationals for cyber crimes if:
- The act or conduct constituting the offence involves a computer, computer system, or network located in India
- This includes crimes targeting Indian servers, websites, or computer systems
- Mutual Legal Assistance Treaties (MLATs) facilitate international cooperation