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⌀ | INDIAN POLITY
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(2) any person on any ship or aircraft registered in India wherever it may be;] | null |
47.[(3) any person in any place without and beyond India committing offence | null |
targeting a computer resource located in India.] | null |
48.[Explanation.—In this section— | null |
(a) the word "offence" includes every act committed outside India which, | null |
if committed in India, would be punishable under this Code; | null |
(b) the expression "computer resource" shall have the meaning assigned | null |
to it in clause ( k ) of sub-section (1) of section 2 of the Information | null |
Technology Act, 2000 (21 of 2000).] | null |
49.[ILLUSTRATION] | null |
50.[***] A, 51.[who is a 52.[citizen of India]], commits a murder in Uganda. He | null |
can be tried and convicted of murder in any place in 53.[India] in which he | null |
may be found. | null |
54.[***] | null |
COMMENT— | null |
This section shows the extent to which the Code applies to offences committed | null |
outside India. The Code applies to any offence committed by— | null |
(1) any citizen of India in any place, wherever he may be; | null |
(2) any person on any ship or aircraft registered in India wherever it may be; and | null |
(3) any person, whether or not a citizen of India, who commits any offence, from | null |
anywhere in the world, targeting a computer resource located in India. | null |
Hence, except for the case of an offence committed against a computer resource | null |
located in India, to extend the scope of operation of IPC, 1860 against persons, either | null |
the offender must be a citizen of India or he must have committed the offence on any | null |
ship or aircraft registered in India. | null |
[s 4.1] Crimes committed outside India.— | null |
Where an offence is committed beyond the limits of India but the offender is found | null |
within its limits, then | null |
(I) he may be given up for trial in the country where the offence was committed | null |
(extradition) or | null |
(II) he may be tried in India (extraterritorial jurisdiction). | null |
Where an offence was committed by an Indian citizen outside India, it was held that the | null |
offence was punishable under the IPC, 1860. An investigation of such an offence would | null |
not require sanction of the Central Government under the proviso to section 188, Cr PC, | null |
1973. But an enquiry as contemplated by section 202, Cr PC, 1973 could only be with | null |
the sanction of the Central Government.55. | null |
(I) Extradition.—Extradition is the surrender by one State to another of a person desired | null |
to be dealt with for crimes of which he has been accused or convicted and which are | null |
justiciable in the Courts of the other State. Surrender of a person within the State to | null |
another State—whether a citizen or an alien—is a political act done in pursuance of a | null |
treaty or an arrangement ad hoc.56. Though extradition is granted in implementation of | null |
the international commitment of the State, the procedure to be followed by the Courts | null |
in deciding, whether extradition should be granted and on what terms, is determined by | null |
the municipal law of the land. Extradition is founded on the broad principle that it is in | null |
the interest of civilised communities that criminals should not go unpunished and on | null |
that account, it is recognised as a part of the comity of nations that one State should | null |
ordinarily afford to another State assistance towards bringing offenders to justice.57. | null |
The procedure for securing the extradition from India is laid down in the Extradition Act, | null |
1962. | null |
(II) Extraterritorial jurisdiction.—Indian Courts are empowered to try offences | null |
committed out of India on (A) land, (B) high seas or (C) aircraft. | null |
(A) Land.—By virtue of sections 3 and 4 of the Penal Code, and section 188 of the Cr | null |
PC, 1973 local Courts can take cognizance of offences committed beyond the | null |
territories of India. Where the Court is dealing with an act committed outside India by a | null |
citizen of India which would be an offence punishable under the Penal Code if it had | null |
been committed in India, section 4 constitutes the act an offence and it can be dealt | null |
with under section 188 of the Cr PC, 1973.58. If, however, at the time of commission of | null |
the offence the accused person is not a citizen of India, the provisions of section 4 of | null |
the Penal Code and section 188 of the Cr PC, 1973 have no application.59. | null |
Section 188 of the Cr PC, 1973, provides that when an offence is committed outside | null |
India— | null |
(a) by a citizen of India, whether on high seas or elsewhere; or | null |
(b) by any person not being such citizen on any ship or aircraft registered in India, | null |
he may be dealt with in respect of such offence as if it had been committed at | null |
any place within India at which he may be found. | null |
The word 'found' in section 188, Cr PC, 1973 means not where a person is discovered | null |
but where he is actually present.60. A man brought to a place against his will can be | null |
said to be found there.61. When a man is in the country and is charged before a | null |
Magistrate with an offence under the Penal Code, it will not avail him to say that he was | null |
brought there illegally from a foreign country. The Bombay High Court has laid down | null |
this principle, following English precedents, in Savarkar's case.62. The accused Savarkar | null |
had escaped at Mareseilles from the custody of police officers charged with the duty of | null |
bringing him from London to Bombay, but was re-arrested there and brought to Bombay | null |
and committed for trial by the Special Magistrate at Nasik. The High Court held that the | null |
trial and committal were valid.63. The provisions of the IPC, 1860 have been extended | null |
to offences committed by any citizen of India in any place within and beyond India by | null |
virtue of section 4 thereof. Accordingly, offences committed in Botswana by an Indian | null |
citizen would also be amenable to the provisions of the IPC, 1860 subject to the | null |
limitation imposed under the proviso to section 188 Cr PC, 1973.64. Section 4 gives | null |
extraterritorial jurisdiction but as the Explanation says the acts committed must | null |
amount to an offence under the Penal Code.65. | null |
[s 4.2] Acts done within Indian as well as foreign territory.— | null |
A person who is a citizen of India is liable to be tried by the Courts of this country for | null |
acts done by him, partly within and partly without the Indian territories, provided the | null |
acts amount together to an offence under the Code.66. | null |
(B) Admiralty jurisdiction.—The jurisdiction to try offences committed on the high seas | null |
is known as the admiralty jurisdiction. It is founded on the principle that a ship on the | null |
high seas is a floating island belonging to the nation whose flag she is flying. | null |
Admiralty jurisdiction extends over— | null |
(1) Offences committed on Indian ships on the high seas. | null |
(2) Offences committed on foreign ships in Indian territorial waters. | null |
(3) Piracy. | null |
Power to enforce claims against foreign ships is an essential attribute of admiralty | null |
jurisdiction and it is assumed over such ships while they are within the jurisdiction of | null |
the High Court by arresting and detaining them. Admiralty jurisdiction of the High | null |
Courts in India has been historically traced to the Charters of 1774 and 1728, as | null |
subsequently expanded and clarified by the Letters Patent of 1823, 1862 and 1865 read | null |
with the Admiralty Court Act, 1861, the Colonial Courts of Admiralty Act, 1890, and the | null |
Colonial Court of Admiralty (India) Act, 1891 and preserved by section 106 of the | null |
Government of India Act, 1915, section 223 of the Government of India Act, 1935 and | null |
Subsets and Splits