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 is committed with criminal intention it is called criminal trespass. To protect an owner’s control over the property the trespass actions are stranded. The websites should also be considered a species of property. The concept of trespass is applicable in cases of the cyber world and may be termed as Cyber Trespass. The act of hacking by the hacker is of civil nature, but if the intention to harm or damage the system is proved, the liability is of penal nature.
The hacking may also result in other crimes mentioned in the Indian Penal Code 1860 apart from criminal trespass. For example if a hacker hacks into the Information Technology Act tries to the website of a bank and transfers money into his account this may constitute a crime under Section 378 of the Indian Penal Code 1860. The act in the above case can also be termed as Cyber Theft. The Information Technology Act provides civil and penal consequences for hacking and other wrongful activities.
The technological development has given rise to gadgets like computers, laptops, tablets and other instruments which can also be a cause of rampant tort of Cyber Trespass. The computer is used as a tool for activities like email spoofing, cyber defamation and also used as a target like in the cases of unauthorized access, email bombing, Trojan attacks or sometimes for both. This is called cyber crimes. It is difficult to eliminate cyber trespass from the cyber world; however it is quite possible to check them. The computer data may also contain personal information, so the hacker can also infringe one’s right to privacy guaranteed by Indian Constitution under Article 21.
The global connectivity is facilitated by internet having impact on few areas of tort.
There is trespass to property and persons in the cyber world like:-
Trespass to property
– Cyber squatting,
– Software piracy,
– Infringement to database,
– contents of websites, etcTrespass to persons
– Identity theft,
– Cyber stalking,
– Cyber defamation, and
– Cyber Libel