Cyber Crime And Jurisdiction: Rethinking Legal Boundaries In A Borderless World
- IJLLR Journal
- 1 hour ago
- 1 min read
Jatin, Maharaja Agrasen Institute of Management Studies
ABSTRACT
In an increasingly digitised world, crime is no longer confined by physical borders. Cyber offences today can originate in one country, pass through multiple jurisdictions, and impact victims across the globe within seconds. This borderless nature of cyberspace has created a fundamental legal dilemma: who has the authority to investigate and prosecute such crimes? This article critically examines the growing jurisdictional crisis in cyber law, highlighting the limitations of traditional legal principles when applied to digital environments. It explores key challenges such as identifying the “place of crime,” dealing with anonymity and encryption, accessing globally distributed digital evidence, and resolving conflicts between national legal systems. The paper also evaluates the role of technology intermediaries, the inefficiencies of mutual legal assistance mechanisms, and the relevance of international frameworks such as the Budapest Convention. With specific reference to the Indian legal framework, the study analyses the scope and practical limitations of extra-territorial jurisdiction under the Information Technology Act, 2000. It argues that existing legal systems are ill-equipped to address the complexities of cyber crime and calls for harmonised global standards, faster cross-border cooperation, and innovative institutional responses. The article concludes that effective cyber crime regulation demands a coordinated international approach capable of balancing sovereignty, privacy, and enforcement in a truly borderless digital world.
