Cyber Law
Querist :
Anonymous
(Querist) 26 July 2010
This query is : Resolved
Under Information Technology Act a person can file Suit under Section 58. Does that mean a suit for privacy violation under 72 of IT act can be civil? Section 72 provides imprisonment but Under IT act most offences are of criminal nature but tribunal have jurisdiction for civil suits for which all all other civil courts do not have jurisdiction.
Please clarify me that if there is a privacy violation suit which is a Cyber Tort does that mean Section 72 will not apply as it is criminal in nature.
Devajyoti Barman
(Expert) 27 October 2010
Criminal court has got the jurisdiction.
Parthasarathi Loganathan
(Expert) 27 October 2010
Section 72 of IT Act.
Breach of confidentiality and privacy.- Save as otherwise provided in this Act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
If we carefully go through this section, it can be interpreted that IPC and Cr.PC is very much applicable and hence the cause of action would well fall under the purview of Criminal Court Jurisdiction