Cyber Jurisprudence and Law

INTRODUCTION:
As we all know that internet offers great benefit
to our society .we perform various activities of
our daily life through internet. Internet provides
useful information to us but it has also given
birth to some major problems. Today
computers plays an important role in almost in
every crimes that is committed.  Now a day
People are cheated by the misuse of
information technology. This misuse of
information technology is known as cybercrime.
Jurisprudence and Law
 Law

The system of rules which a particular country or community recognizes as

regulating the actions of its members and which it may enforce by the imposition
of penalties.
Jurisprudence and Law
 Doctrinal Approach
• The term doctrine comes from Latin and means "to instruct, read, or
understand." Doctrinal research is a study of constitutional principles, i.e., "It
inquires about what the rule is on a specific subject." It's all about examining legal
theory and how it's been formed and implemented.
• A doctrinal analytical approach will concentrate on case law,
legislation, and other legal documents. The process does not
seek to study the influence of the Statute or its use. Instead, it
focuses on the law as a written entity that can be distinguished
and interpreted by legal sources based on the doctrinal
approach.
•
It is about discovering the rules, evaluating them, and
producing rational arguments behind them. It also adds to the
stability, coherence, and accuracy of legislation as the essential
information found is in the legislative sources, i.e., both primary
and secondary sources.
METHODOLOGY OF DOCTRINAL RESEARCH

• The most popular approach used by law

researchers for doctrinal research is library-based
analysis. As is well known, this is theoretical
research that consists of either basic research
aimed at locating a particular legal argument or
legal study with more nuanced reasoning and
depth. It is a library-based study to identify the
"only correct answer" to specific legal issues or
questions.
 FEATURES OF DOCTRINAL RESEARCH

• The research is focused primarily on legal

proposals.
• Appellate Courts and traditional legal theories
are the basis of data for a doctrinal author.
 PURPOSE OF DOCTRINAL LEGAL RESEARCH

• The following points answer the question – why doctrinal research

is essential in law. The principal objectives of the legal doctrinal
study include but are not limited to:
• To build, assess and apply knowledge to contemporary legal issues
by generating new ideas, concepts, and doctrines;
• Ensure continuity, accuracy, and legal clarity
• To provide prosecutors, judges, and those with the appropriate
resources to take action on a vast spectrum of topics, often with
little time.
• The primary goal of the doctrinal legal analysis is to reinforce the
significant part of the law that may accomplish the larger legal
objective.
 ADVANTAGES OF DOCTRINAL RESEARCH

• In the initial stage of legal education, it is agreed that legal

research methods should be used as it helps academicians with
their primary studies.
• The doctrinal research takes less time.
• Doctrinal legal analysis is a result of a perception of the legal truth
of a scholar. These two perceptions, though, are both compelling
and logical.
• Doctrinal research provides the instruments required in the legal
judgment for attorneys, judges, and others.
• This study attempts to find substantive law loopholes, anomalies,
ambiguities, and contradictions. Such analysis provides quick
responses on legal issues.
 DISADVANTAGES OF DOCTRINAL RESEARCH

• Often it is found that the fundamental social action varies

from the activities requested by the legal standard. The
doctrinal legal research is thus arbitrary in nature.
• It is also known as a "trivial doctrinal examination" cause
sometimes it is done without proper understanding of the
legal system's social, financial, and political significance.
• The doctrinal approach is often criticized for being
detached from reality; by focusing on legal documents, it
often fails to query or challenge the law's implementation,
instead of analyzing it only on the basis of internal
continuity.
 Consensual Approach

 for eg.: The sale of drugs between two or more persons

would be a consensual crime.
 Giving consent

• When discussing consensual crime, one issue is whether all the participants
are capable of giving genuine legal consent. This may not be the case if one
or more of the participants are:
• Animals
• Children (normally measured as being under the legal age of consent)
• Severely disabled
• Severely mentally ill
• Not fully informed about the issues involved
• Suffering from mood swings
• Acting under duress
• Addicted
• Intoxicated
• Unconscious
 Examples

• Unlicensed prize fights and other criminal activities of a

sporting nature where the players consent and the
audience actively approves of what they see 
• Murder or incitement to murder where one person actively
solicits others to terminate their life, or the life of another.
For example, a driver may be trapped in a burning tanker
full of gasoline and beg a passing armed police officer to
shoot him rather than let him burn to death.
• Pornography, which can be illegal to produce, distribute or
possess in some countries, even if the participants
consented to the acts, and the acts themselves are legal 
Real Approach
• By realistic theories of law, I mean theories that: (1) define what law is and
how it works in human cultures without sentimental or moralizing
delusions (descriptive adequacy takes precedence over moralizing
sermons); (2) accept that law is rarely sufficient to justify how courts
adjudicate all proceedings before them; and (3) compensate for justice and
adjudication within the limits of the statute.
• Legal realism is characterized as a type of jurisprudence by its emphasis on
the law as it currently appears in reality, rather than the way it works in the
books. To this end, it addressed mainly the conduct of the judges and the
conditions that behaviour affect judicial decision-making processes.
• Some realists believe that one can never be sure that the facts and law
 identified in the judge's reasons were the actual reasons for the judgment,
whereas other realists accept that a judge's reasons can often be relied
upon, but not always. 
Cyber Ethics
Cyber Ethics
• Cyberethics is a branch of computer technology behavior
that defines the best practices that must be adopted by a
user when he uses the computer system.
• In simple terms, cyberethics refers to the basic ethics and
etiquette that must be followed while using a computer
system.
• Ethics, in general, refers to propagating good behavior,
similarly by cyber ethics we refer to propagating good
behavior online that is not harsh or rude. Cyberethics
governs rules that individuals must be polite and
responsible when they use the internet.
• Cyberethics aim to protect the moral,
financial, social behavior of individuals.
Cyberethics engages the users to use the
internet safely and use technology responsibly
and sensibly.
• Cyberethics empathizes the behavior that
must be adopted while using cyber
technology.
  Breaches of cyber ethics 
• Cyber Bullying: Cyberbullying is a form of
bullying carried out via internet technology
such as social media where individuals are
mocked on their physical appearance, lifestyle,
preferences, etc. The teenage generation or
say youngsters are the major victims of this
form of cyber ethic breach. Cyberbullying
affects the emotional ethics of individuals and
can cause mental disturbance to individuals.
• Hacking: Stealing a user’s personal or
organizational information without authorized
permission is not considered a good practice.
It is one of the riskiest cyber breaches to data
leak. Data leak includes passing of sensitive
information such as passwords, bank details of
the user to a third-party user who is not
authorized to access the information.
• Copywriting: Claiming of another individual as one’s own is
another type of cyber ethic breach that must be eradicated.
Never engage in copywriting another person’s content or
document and claim as it is your own. It leads to a serious
problem called plagiarism, which is a punishable offense and
considered a legal crime. It is always advisable to follow
general cyberethics, while using the internet or say any kind of
technology. A proper code of conduct must be followed while
using cyber technology. Cyberethics if not used wisely can lead
to serious situations. Social and legal laws are defined to use
cyber technology wisely. In extreme cases, legal action can be
taken if there is a violation of cyber ethics.
 Cyber Ethics focuses on the following:

• 1. Privacy:
• The content that is available on the internet should not hurt any
moral, emotional, or personal ethics of individuals.
• Users should have the right to protect any information which
they don’t want to share openly.
• Private information like user’s contact details, address, security-
related information like bank details, credit card/debit card
details, are all included in basic cyber ethics of user privacy and
must not be breached in any case.
• Any breach of privacy is theft/fraud of user identity and user
personal information, which is punishable as per the rules of law.
• 2. IPR:
• IPR stands for Intellectual Property Rights.
• IPR defines that the owners have the complete right to the
content that is posted on the internet.
• The entire content is solely a belonging of the originator
and no individual is allowed to claim that content published
by the original creator as its own.
• Unauthorized distribution of someone else’s work should
never be adopted as it’s ethically incorrect to not give
creation and monetary benefits to the creator of the work.
• 3. Security:
• Security on the internet is the most basic ethical
right that every user must be accessible.
• Users of the internet should feel safe while they
surf the net.
• Security, in general means only authorized users
to have access to the content on the computer.
• And confidential information is safe, without any
risk of loss of information/content.
• 4. Accuracy:
• The content available on the internet is accessed by
billions of users.
• If there is no reliability of the information that is posted
online, then it would mislead the masses.
• Cyberethics assert the importance of posting content
on the internet that is correct in all aspects.
• Users trust the content of the internet and rely heavily
on the internet for facts, therefore it is highly needed
that the asked information is correct and reliable.
 Best policies that individuals must adopt while
using the internet or any kind of technology
should include the following:
• Being Polite and not using harsh words.
• Avoid clicking on unknown links.
• Wisely opening Emails from known senders only.
• Not mocking anyone on Social Media.
• Not copying any individual’s work and claiming it as their own. Always cite that you
have used someone else’s work.
• Be careful and research before installing any free software.
• Never intrude on another person’s privacy.
• Don’t contribute to any malpractice that can lead to the leak of data of an
individual or organization.
• Never engage in Cyberbullying.
• Never compromise with the safety of your system. Always install an anti-virus on
your system.
Cyber Jurisdiction
 Issues of jurisdiction in cyberspace

• Jurisdiction gives power to the appropriate court to hear a case and declare a
judgment. In cybercrime instances, the victim and the accused are generally
from different countries, and hence deciding which jurisdiction will prevail is
conflicting. The internet as stated earlier has no boundaries; thus, no specific
jurisdiction can be titled over its use. A user is free to access whatever he
wishes to and from wherever he wishes to. Till the time a user’s online activity
is legal and not violative of any law, till then there is no issue. However, when
such actions become illegal and criminal, jurisdiction has a crucial role to play. 
• For example, a user committing a robbery in country ‘A’ while sitting in country
‘B’ from the server of country ‘C,’ then which country’s jurisdiction will apply
needs to be answered. In this case, the transaction might have been done
virtually, yet the people are present physically in their respective countries
governed by their laws and the court generally decides the jurisdiction of the
country where the crime has been actually committed.
Hierarchy of Courts
• The Indian Judicial System is one of the oldest legal systems in the world today. It is part of the inheritance India
received from the British after more than 200 years of their Colonial rule. The framework of the current legal
system has been laid down by the Indian Constitution and the judicial system derives its powers from it. There are
various levels of judiciary in India—different types of courts, each with varying powers depending on the tier and
jurisdiction bestowed upon them. They form a hierarchy of importance, in line with the order of courts in which
they sit, with the Supreme Court of India at the top, followed by High Courts of respective states with District
Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
• The District Court of India are established by the State Government in India for every district or more than one
district taking into account the number of cases, population distribution in the district. These courts are under
administrative control of the High Court of the State to which the district concerned belongs. The District Court is
presided over by one District Judge appointed by the State Government. In addition to the district judge there are
many Additional District Judge and Assistant District Judge depending upon the workload.
• In every state, besides the High Court there are number of judicial Courts to administer justice. These courts
function under the complete control and supervision of the High Court. A state has got exclusive Legislative
competence to determine the constituent organization and territorial jurisdiction of all courts subordinate to the
High Court. The organization of subordinate coyrts throughout the country is generally uniform. There are two
type of law courts in every district; (i) Civil Courts (ii) Criminal Courts
• The court of the district judges is the highest civil court in a district. It exercises both judicial and administrative
powers. It has the power of superintendence over the courts under its control. The court of the District judge is
located at the district headquarters. It has power of trying both civil and criminal cases. Thus he is designated as
the District and Sessions Judge.
•
Below the court of the District Judge are the courts of Sub-judge, Additional Sub-Judge and Munsif Courts, which
are located in the sub-divisional and district headquarters. Most of the civil cases are filed in the court of the
Munsif. A case can be taken in appeal from the court of the Munsif to the court of the sub-Judge or the Additional
Sub-Judge. Appeals from the courts of the sub- Judges and Additional sub-Judges shall lie in the District-Court.
The Court of the District Judge has both original and appellate jurisdiction. Against the decision of the District
judge an appeal-shall lie in the High Court.
Civil Court has been categorized on the basis
of Jurisdiction:

• Subject Matter Jurisdiction: It can be defined as the Authority vested in the court to
try and hear cases of the particular type and pertaining to a particular subject
matter.
• Territorial Jurisdiction: The court can decide within the geographical limits of a
court’s authority and it cannot exercise authority beyond that territorial and
geographical limits.
• Pecuniary Jurisdiction: Pecuniary Jurisdiction is related to money, whether a court
can try cases and suits of monetary value/amount of the case or suit in question.
• Appellate Jurisdiction: It refers to the authority of a court to rehear or review a case
that has already been decided by a lower court. Appellate jurisdiction is generally
vested in higher courts. In India, both the High Courts and the Supreme Court have
appellate jurisdiction to hear matters which are brought in the form of appeal
before them. They can either overrule the judgment of the lower court or uphold
it.
 Civil jurisdition
• Civil Law is a general law which solves disputes between 2
organisations or individuals. As per Civil Law the wrongdoer will
have to compensate the affected organisation or individual. Civil
Law deals with Property, Money, Housing, Divorce, custody of a
child in the event of divorce etc.
• Civil Law is initiated by the aggrieved individual or organisation or
also known as ‘plaintiff.’
• In case of Civil Law, to start a case, the aggrieved party needs to file
a case in the Court or Tribunal
• The objective of Civil Law is to protect the rights of an individual or
organisation and make sure that he or the concerned organisation
receives the compensation for the wrongs that they have suffered. 
 Civil jurisdition
• In Civil Law, the wrongdoer gets sued by the
complainant or the aggrieved party.
• In the case of Civil Law, there is no punishment like
Criminal Law, but the aggrieved party receives the
compensation and the dispute gets settled.
• In the case of Civil Law, the power of the court is to
pass judgement or injunction to compensate for
damages caused to the aggrieved party.
• In Civil Law cases, the defendant is considered to be
either liable or not liable.
What does Criminal Jurisdiction Cover ?
What does Criminal Jurisdiction Cover ?
What does Criminal Jurisdiction Cover ?
• Criminal Law deals with offences that are committed against the
society. It mets out varying degrees of punishment
commensurate with the crime committed. Criminal Law will deal
with serious crimes such as murder, rapes, arson, robbery, assault
etc.
• The Government files the petition in case of criminal law.
• As per Criminal Law, to start a case, a petition cannot be filed
directly in a court, rather the complaint should be first registered
with the police, and the crime needs to be investigated by the
Police. Thereafter a case can be filed in the court.
• The purpose of Criminal Law is to punish the wrongdoers and
protect society, maintain law and order.
Difference between civil and criminal
jurisdiction