In What Situations Will IPC Apply? | Jurisdiction of IPC | Judiciary Exam – Free PDF Download

Territorial Jurisdiction of IPC

What is the liability of-

1. A Foreigner who commits an offence in India?
2. An Indian who took citizenship of another country and commits an offence in that country?
3. An Indian who resides in some other country and Commits an offence there?
4. An Indian astronaut who commits an offence in Space?
5. A foreigner who is not present in India and commits an offense on India from the other country?
6. What is the liability of a person who commits an offense on an Indian ship or aircraft?
7. What is the liability of an Indian who commits an offence on a foreign ship or aircraft if that foreign ship is anchored in Indian waters when the offence is committed?

• As per the norms of our international law, Every Country Enforces its own laws in its own territory
• One State can’t enforce its own laws in some other country.

Jurisdictions wrt IPC-

• Intra- Territorial
• Extra- Territorial

Extra-territorial operation

• A law of a country cannot be made applicable in the territory of any other country
• but if an Indian goes anywhere, he carries the baggage of IPC on his shoulders
• So, if an Indian travels any where in the world or even to the space and commits an Act or Omission, which is an offence in IPC, IPC will apply to him, even if that Act or Omission is not an Offence in that country where he committed that act or Omission.
• An Indian commits Murder in America, which is Punishable in America as well as in India, Which Country will try him first?
• As per International Law-
• Though Both the countries have right to try that person, BUT, The First Right to Punish that Person is of the Country, on the land of which that Offence is Committed.

1. What if the Offence Committed by Indian in America is not considered an Offence in America but is Considered as an offence in India?

• If that Act / Omission is Not an Offence in America but is an Offence in India,
• He will not be tried for it in America But when ever he will return back to India, He will be tried in India.

1. An Indian committed a murder in America, and was punished by America for the same, Once he returns to India, will he be punished again for that murder?

• NO
• He will be prevented by the Principle of Double Jeopardy
• Article 20 (2)

Intra territorial

• That any person committing an offence within the territory of INDIA, would be liable for the punishment as per IPC.

What does territory of India mean?

• Section 18, IPC- “India”.—“India” means the territory of India excluding the State of Jammu and Kashmir.
• Acter 2019- Even J&K is Included in the definition of India as per IPC as Now IPC is applicable to J&K as well.

What Constitutes the Territory of India?

1. Land Mass of India-

That means any one who commits an offence in India, be it an Indian or a Foreigner, is liable under IPC.

Though Some Exceptions are there.

2. Territorial Waters

– the line every point of which is at a distance of twelve nautical miles from shore-line.

• That Means any offence happening in ship- be it Indian or Foreigner, Parked  in Indian Territorial waters, will be tried under IPC.
• 3. All Internal Waters –
• Rivers, Lakes, Canals etc.
• 4. Column of air above the land mass –

• Any Aircraft Flying above Indian Territory needs our permission.
• 5. Land mass till the Centre of the Earth.
• Any Crime happens under the Earth in India, e.g. in a Coal Mine, will be tried as per IPC

6. Ships and Aircrafts Registered in India-

• would be considered territory of India, where-ever they go.
• That means an American Kills a Chinese on board Indian Aircraft, flying Over Iran, would be held liable under IPC

What is the liability of-

1. A Foreigner who commits an offence in India?
2. An Indian who took citizenship of another country and commits an offence in that country?
3. An Indian who resides in some other country and Commits an offence there?
4. An Indian astronaut who commits an offence in Space?
5. A foreigner who is not present in India and commits an offense on India from the other country?
6. What is the liability of a person who commits an offense on an Indian ship or aircraft?
7. What is the liability of an Indian who commits an offence on a foreign ship or aircraft if that foreign ship is anchored in Indian waters when the offence is committed?

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