Jurisdiction under IPC | Criminal Law for Judiciary Exams PDF Download

Introduction

Section 1 of the Indian Penal Code defines the law's scope and application, stating its jurisdiction over the entire country, including Jammu and Kashmir and all other territories under Indian control.

Intra-territorial and Extra-territorial Jurisdiction

• IPC's jurisdiction applies to actions within Indian territory (intra-territorial). Sections 3 and 4 extend its reach extraterritorially, allowing prosecution for offenses committed outside India.
• For example, if an Indian citizen commits a crime in the United States, they can still be prosecuted under the Indian Penal Code due to its extraterritorial jurisdiction.

Intra-territorial Jurisdiction under Indian Penal Code (IPC)

Applicability of Section 2 of the Indian Penal Code

• Section 2 of the Indian Penal Code applies to all individuals within Indian territory, irrespective of their nationality, rank, caste, or creed.
• Foreign nationals entering India can be held accountable for crimes committed in the country, even if the offense was instigated outside India.
• The requirement for physical presence is not mandatory for liability under the code.

Liability of Corporations and the State

• Corporations, including unincorporated entities, can be held responsible for criminal acts or omissions by their agents.
• The state can also be held accountable for the wrongful acts or omissions of its agents.

Judicial Precedents

• Mobarik Ali v. The State of Bombay: A case where a Pakistani national was held liable for an offense in Bombay despite being absent physically at the time of the crime.
• State of Maharashtra v. Mayer Hans George: In this case, a foreigner was held accountable for an offense under the Foreign Exchange Regulation Act upon arrival in India.
• State of Maharashtra v. Syndicate Transport Company: A company was deemed responsible for the actions of its director, authorized agent, or servants.
• Superintendent and Remembrancer of Legal Affairs, West Bengal v. Corporation of Calcutta: The state was held liable for the wrongful acts or omissions of its agent in this case.

Exceptions to Criminal Liability

• Some classes of individuals are exempt from criminal liability under the code, such as foreign sovereigns, diplomats, enemy aliens, foreign armies and warships, as well as the President and governors.

Section 5: An Exception to Section 2

• Explanation of Section 5 of the Indian Penal Code
  • Section 5 serves as a safeguard clause within the Indian Penal Code, delineating situations where the Code does not apply due to the existence of specific laws.
• Scope of Section 5
  • Section 5 restricts the reach of the Indian Penal Code to certain groups of individuals who are governed by distinct laws already in place.
  • It specifically pertains to officers, soldiers, sailors, and airmen employed by the Government of India.
• Comparison with Section 2
  • Section 5 stands in contrast to Section 2, which confers universal applicability of the Code across all individuals within the Indian territory, regardless of their background.
• Application of Section 5
  • Section 5 exempts certain personnel from the Indian Penal Code, especially in cases of desertion or mutiny against the Government of India.
• Specific Provisions
  • Section 5 specifically concerns the prescription of penalties for acts like desertion or mutiny committed by officers, soldiers, sailors, and airmen against the Government.
  • Legislations such as the Army Act 1950, Air Force Act 1950, Navy Act 1957, and Air Force and Army Law (Amendment) Act 1975 are integral to this context.

Understanding Extraterritorial Jurisdiction under IPC

• Definition of Extraterritorial Jurisdiction: Extraterritorial jurisdiction, as outlined in Section 3 and Section 4 of the Indian Penal Code, refers to the legal authority of a country to prosecute individuals for crimes committed outside its borders.
• Application of Section 3: Section 3 of the IPC deals with situations where a person carries out an act beyond India's territorial limits, but the consequences of that act affect the country. In such cases, the individual can be tried under Indian law, even if the act isn't considered an offense in the country where it occurred.
• Illustrative Example: For instance, if a person living in India commits a cybercrime against a company based in the United States, causing financial losses within the U.S., they can be prosecuted under Indian law due to the impact on the U.S. entity.
• Extension through Section 4: Section 4 of the IPC extends the reach of Section 3. It offers two options when an offender commits a crime outside India but is present within its boundaries: extradition to the country where the offense occurred or prosecution under Indian law using extraterritorial jurisdiction.
• Case Scenario: Imagine a scenario where an individual commits a financial fraud in a foreign country and later seeks refuge in India. In such a case, India can choose to extradite the individual to the country where the crime occurred or proceed with legal actions under its own jurisdiction.

Scope of Sections 3 and 4, Indian Penal Code 1860

• Jurisdiction under Section 4 of the Indian Penal Code: Section 4 of the Indian Penal Code determines the territorial jurisdiction of the Code, specifically addressing situations where crimes are committed outside the borders of India.
• Persons Covered by Section 4: This section applies to the following individuals:
  • Indian Citizens Committing Offenses Abroad: Any Indian citizen who commits an offense while outside India's territory falls under the jurisdiction of the Indian Penal Code.
  • Travelers on Indian Registered Vehicles: Individuals traveling on ships or aircraft registered in India are subject to the provisions of the Indian Penal Code.
  • Offenses against Indian Computer Resources: Individuals located outside India's borders who target computer resources within India also come under the purview of the Indian Penal Code.

Conclusion

• The Indian Penal Code's jurisdiction covers the entirety of India, including Jammu and Kashmir, and applies to both Indian citizens and foreigners who commit offenses within the country.
• Extraterritorial jurisdiction allows Indian courts to prosecute individuals who commit crimes outside India if the offense significantly impacts Indian territory or citizens.
• Sections 3, 4, and 5 of the Indian Penal Code define the boundaries and reach of the law in different situations.