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

Question:

• Whether the provisions of the Indian Penal Code are applicable to Extra-territorial offences, if so, under what circumstances? [UP.H.J.S. 2016] Or Can an offence committed outside India, be tried in India under Indian criminal law (I.P.C. & Cr.P.C.)? Explain in the light of case laws. [HR.J.S. 2011] 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 the Indian Territory?

• 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

• A, an Indian citizen, commits adultery in England which is not an offence in that Country: Can he be prosecuted in India? [UPHJS 2016]

Find the answer to the mains question of IPC only on Legal Bites. [Whether the provisions of the Indian Penal Code are applicable to Extra-territorial offences, if so, under what circumstances?]

Answer

A particular crime is considered to be extraterritorial in nature when it happens in a particular country but the trial takes place in some other country. Section 3 and section 4 of the IPC deals with extra-territoriality operation of the Indian courts to decide certain upon certain matters.

Section 3 of the Indian Penal Code states that

“Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.”

The following are the essentials of this Section:

1. A person must be liable under Indian law. Therefore, a citizen of India or any foreigner who is bound under Indian law is bound by Section 3 of the IPC.
2. The offence must be committed beyond the territory of India, either geographical or marine.
3. Such persons shall be bound by Indian law for any offence committed outside India, as though the offence was committed within India.

In the case of Mobarak Ali v. State of Bombay, [1957 AIR 857], a Pakistani national made false representations from Karachi to a man in Bombay on the pretext that he had a stock of rice and on receipt of money, he would ship the rice. However, no shipment was made after the complainant paid the amount. On arrest, the accused claimed that he was in Pakistan at the time of the offence and therefore, he cannot be held liable for his actions. The Court held that though the offence was committed in Bombay and that he was not present in Bombay at the time of the commission of the offence, he would still be held liable.

Further, Section 4 of IPC provides for Extension of code to extraterritorial offences- The provisions of this Code apply also to any offence committed by:

1. 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.
3. Any person in any place without and beyond India committing offence targeting a computer resource located in India.

Explanation A to the provision provides that the word ‘offence’ includes every act committed outside India which if committed in India would be punishable under this Code.

Further, in Remia v. Sub-Inspector of Police, 1993 CrLJ 1098, the accused, an Indian citizen, murdered another Indian citizen in Sharjah, UAE. After the Police refused to file an FIR as they believed to not have jurisdiction over the case, the Court directed the Police to file an FIR.

Procedure for initiating prosecution for offences committed abroad:

Section 188 of the CrPC is a corresponding provision to Section 4, IPC, and provides that where an offence is committed outside India by any person falling under Clauses (1) and (2) of Section 4, IPC i.e. the accused is an Indian citizen and/or the offence is committed on a ship or aircraft registered in India, a trial may be conducted within India in respect of such offence, at any place where the accused is found, subject to prior sanction being received from the Central Government. However, as held by the Hon’ble Supreme Court in the case of Thota Venkateswarlu v. State of A.P., S.L.P. (Crl.) No. 7640 of 2008, such sanction is not required at the stage of taking cognizance and may be taken before the trial begins in a matter.”

Therefore, based on the above provisions of Section 3 and 4 of IPC with the cited case laws explains it is clear that both in the point A and B the accused, an Indian citizen who has committed the offence of murder and adultery in Uganda and England respectively can be tried before the Indian courts, even though extra-territorial operation, as on the basis of above arguments.

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Important Mains Questions Series for Judiciary, APO & University Exams

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