Cyber Tort: The Importance Of Trespass To Victims

.If an offence is bail able, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, no compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

CYBER TRESPASS

The word “trespass” in general means to enter into the other’s property without seeking consent. It is considered a civil wrong ordinarily. If the trespass

A cyber tort is a tort done over the cyberspace. Most of the persons are exposed to the dangers and damages caused by cyber tort since technology plays an important role in their lives.
Cyber Trespassinclude cyber harassments like cyber stalking, trespass to chattels like spyware, spam emails, conversion involves negligent or intentional stealing of domain names possessed by others. These types of cyber torts are issues that have impacted the society in a serious way in the present world. The Cyber torts are emerging areas that need special attention. Therefore, the act of unauthorized access itself constitutes a criminal offence regardless of reasons even if they were legitimate or no harm was intended.
In US, the SPY Act or Securely Protect Yourself Against Cyber Trespass Act is one of the legislations regarding cyber trespass. The Act makes it unlawful for any person not the owner or authorized user of a protected computer to engage in unfair or deceptive practice in connection with specified conduct. This is explained under Section 2 of the SPY Act. A protected system means a computer exclusively for the use of a financial institution or the US government or computer used in interstate or foreign commerce,

the objective is that there needs to be an intervention with the person’s right to retain land or the fact of maintaining a right to personal dignity. The tort of trespass can be safely segregated into two halves which being Criminal trespass and trespass to land or property. The principle in the cases of both is the same i.e. there should be a wrongful interference. In the case of Land trespass, it is to be noted that though everyone has a right to enjoyment of property one cannot sue for aerial trespass if the trespass is such that it does not clash with the ordinary enjoyment of Land. Furthermore, in the case of land it is to be seen that if the act is direct or indirect i.e. if the trespass is not the natural consequence of the act done. Then the tort does not apply. Mistake or ignorance is not a remedy to trespass. The tort of trespass can be continuing in nature, i.e. if a person grows a tree on his land and the branches come onto the defendant’s land then it can be said that it is a continuing trespass until the time such is severed. In case of the occurrence of such tort remedy by way of Damages or injunctions can be obtained. Injunction’s lay a major role in the tort of continuing trespass. The Major defences to such act is the Justification Clause Criminal trespass on the other had