quesCan a person file a case of cyber crime against me in another country?

Can I be sued for Cyber Crime by a guy in France? I am a freelancer web designer in India and I worked for some person in France, who is not paying me my due payment. So I deleted my work from his clients' website using the username and passwords he provided and put a notice on website to inform the clients about the issue.


I never signed any type of contract or and non-disclosure agreement. Everything was on skype or on emails using my personal email id on gmail. Payments were through paypal.


Now he is saying that he is gonna sue me for hacking in the client website and putting the notice. I just wanted to know if it is possible?


  • ans

    Yes , as per the IT Act, 


    If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network, — 


    (a) accesses or secures access to such computer, computer system or computer network;  

    (b) downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or  data held or stored in any removable storage medium; 

    (c) introduces or causes to be introduced any computer contaminant or 
    computer virus into any computer, computer system or computer network; 

    (d) damages or causes to be damaged any computer, computer system or Computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network; 

    (e) disrupts or causes disruption of any computer, computer system or 
    computer network; 

    (f) denies or causes the denial of access to any person authorised to access any  computer, computer system or computer network by any means; 

    (g) provides any assistance to any person to facilitate access to a computer,  computer system or computer network in contravention of the provisions of this Act,  rules or regulations made thereunder; 

    (h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer Network,he shall be liable to pay damages by way of compensation not exceeding one crore rupees 
    to the person so affected. 


    Explanation.—For the purposes of this section,— 


    (i) "computer contaminant" means any set of computer instructions that are 


    (a) to modify, destroy, record, transmit data or programme residing 

    within a computer, computer system or computer network; or 

    (b) by any means to usurp the normal operation of the computer, 
    computer system, or computer network; 


    (ii) "computer data base" means a representation of information, knowledge, facts,concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalised manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network; 


    (iii) "computer virus" means any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, daia or instruction is executed or some other event takes place in that computer resource; 


    (iv) "damage" means to destroy, alter, delete, add, modify or rearrange any computer resource by any means. 


    66. Hacking with computer system.


    (1) Whoever with the intent to cause or knowing that he is likely to cause wrongful
    loss or damage to the public or any person destroys or deletes or alters any information
    residing in a computer resource or diminishes its value or utility or affects it injuriously by
    any means, commits hack:


    (2) Whoever commits hacking shall be punished with imprisonment up to three years, Or with fine which may extend upto two lakh rupees, or with both


    He may try to rope you in the above mentioned offences, however, for the purpose he has to file the complaint in India. You have committed a Grave Mistake by Admission of the offence, so if an FIR is lodged in this context, repercussions will follow accordingly.


  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Cyber Crime Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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