Briefly discuss the intra-territorial and extra-territorial application of Indian Penal Code, 1860 with exceptions.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Briefly discuss the intra-territorial and extra-territorial application of Indian Penal Code, 1860 with exceptions.

Answer & Explanation:

Intra-territorial jurisdiction Where a crime/offence under any provision of the Indian Penal Code, 1860 (IPC) is committed within the territory of India the IPC applies and the courts can try and punish irrespective of the fact that the person who had committed the crime is an Indian national or foreigner. This is called 'intra-territorial jurisdiction' because the submission to the jurisdiction of the court is by virtue of the crime being committed within the Indian Territory. Section 2 of IPC deals with intra-territorial jurisdiction of the courts. This section declares the jurisdictional scope of operation of the IPC to offences committed within India. The emphasis on 'every person' makes it very clear that in terms of considering the guilt for any act or omission, the law shall be applied equally without any discrimination on the ground of caste, creed, nationality, rank, status etc. Exemption from intra-territorial jurisdiction of IPC: Article 361 (2) of the Constitution of India protects criminal proceedings against the President or Governor of a state in any court, during the time they hold office. In accordance with well-recognized principles of international law, foreign sovereigns are exempt from criminal proceedings in India. This immunity is also enjoyed by the ambassadors and diplomats of foreign countries who have official status in India. This protection is extended to all secretaries and political and military attaches, who are formally part of the missions. Extra-territorial jurisdiction Section 3 and section 4 of the IPC provide for extra-territorial jurisdiction. Where a crime is committed outside the territory of India by an Indian national, such a person may be tried and punished by the courts of India. According to section 3, if anyone commits any offence beyond India which is punishable in our country under any Indian law, he is liable to be convicted and punished in the same manner as if the crime was committed in India. Section 4 expands on section 3, while at the same time clarifying that the provisions of IPC shall apply to first, in case of Indians, for any offence committed outside and beyond India; and second, in case of any person in any place without and beyond India for targeting computer resource located in India. Section 4 also talks about the applicability of IPC to any offence committed by any person on any ship or aircraft registered in India wherever it may be.

Topics: Criminal Law

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