Whether the provisions of Indian Penal Code are applicable to Extra-territorial offences, if so, under what circumstances ?

(a) Whether the provisions of Indian Penal Code are applicable to Extra-territorial offences, if so, under what circumstances ?

Or What is the jurisdiction of the courts in India to try an Indian citizen for an offence committed beyond India or a foreigner in respect of an offence committed within Indian territory ?

(b) A, an Indian citizen, commits a murder in Uganda. Can he be tried and convicted of murder in any place where he is found in India ?

Or (c) A, an Indian citizen, commits adultery in England which is not an offence in that Country: Can he be prosecuted in India ?

Ans. (a)Territorial Jurisdiction of the Indian Criminal Courts – Just as

S. 2 of I.P.C.applies to Intraterritorial jurisdiction similarly Ss. 3 and 4 extend to Extra territorial jurisdiction of the Indian Courts. The provisions of S. 4 I.P.C. apply to any offence committed by

I. any citizen of India in any place without and beyond India,

2. any person on any ship or aircraft registered in India wherever it may be S 4 explains the extent of the applicability of the provisions of the Code to offences committed outside the Indian territorial limits. A citizen of India outside, wherever he may be, if guilty of an offence, will be punishable under the Code. Any person whether he may be a citizen of India or a non-citizen on any ship or aircraft registered in India shall be amenable to the jurisdiction of Indian Courts if he is found guilty of an offence. An offence includes every act committed beyond India which, if committed in India would be punishable under this Code. It is sufficient that the act done constitutes an offence under the LP.C. even if it is not an offence under the law of the country where the act was done. S. 188 Cr. P.C. also prescribes the procedure for the trial of such persons which says that any such person may be tried in any place in India where any such person may be found as if the offence in question had been committed at such place.

Explanation-The word “offence” includes every act committed outside India which, if committed in India would be punishable under the Code. For Example – (1) A, who is citizen of India commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.

(ii) A, an Indian instigates B, a Pakistani to murder C, another Pakistani by writing a letter from Delhi to Karachi where B and C reside B declines to act according to A’s wishes. A may be held responsible for abetment to murder by Indian Courts.

According to S. 4 I.P.C. and S. 188 Cr. P.C, if at the time of the commission of the offence the person committing is a citizen of India even if the offence is committed outside India, of the offence. The provisions of S. 4 shall not apply, if the offender at the time of the commission of the offence, was not a citizen of India. It is immaterial if the accused has acquired Indian citizenship subsequent to the commission of the offence. a citizens the jurisdiction of the court is not lost by reason of the venue

If, however, at the time of the commission the accused person is not a citizen of India, these sections have no application at all.

Crimes committed outside India – offence is committed beyond the limits of India but the offender is found within limit, then.

he may be given up for trial in the country where the offence was committed (extradition) or (i) he may be tried in India (Extra-territorial jurisdiction).

Liability of a foreigner for the commission of an offence under I.P.C.-The tem “any person” used in the section includes the foreigners also A foreigner becomes subject to the jurisdiction of I.P..C; the moment he puts his foot upon the Indian soil, he shall be liable for any act which constitutes an offence in India He cannot take a defence of ignorance of the provisions of I.P.C.

(b) Problem-According to S. 4 I.P.C., A can be tried and convicted of murder in any place in India in which he may be found because S. 4 clearly applies to any offence committed by any citizen of India whether within or beyond India. In fact, the problem in question is based on the illustration (i) to S. 4 wherein it is stated that A.

who is a citizen of India commits murder in Uganda, may be tried and convicted of murder in any place in India in which he may be found.

(c) Problem-A, an Indian citizen commits an act of adultery in England which is not an offence in that country. Here A is punishable for an offence defined U/S. 497 I.P.C, inspite of the fact that the act was committed in England where it is not an offence because he is to be governed by I.P.C. and thus, is subject to the jurisdiction of the criminal courts of India.