Legal Question in Criminal Law in India
An employee is working in US, leaves the company and then returns to India with confidential data which he had access to during the course of employment with the company and which he forgot to delete from his laptop after he left the company. If the US company files a suit of data theft after he returns to India with the CBI or a cybercrime cell, will this case be within US or Indian jurisdiction or both?
If the police finds the house of the accused locked during a surprise raid without informing him, will it break open the lock to recover data? Does the police verify the terms and conditions of the employee contract before deciding to raid a person's house?
What is the position of the Indian courts on this case? Will he be penalized if it is only for personal use and not for commercial gain?
2 Answers from Attorneys
This is an academic question. Please write your complete facts in chronological order.
in case the offence of data theft was committed in US and the same is an offence as per Cyber Laws in India as well, the company may file a complaint here in India but search warrant may not be issued without hearing you out.
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