Friday, 3 June 2022

Extra Territorial Jurisdiction


By P.Hema

Jurisdiction means the power of court to try a person for the offence committed. Jurisdiction can be further described into 3 ways:

  1. Personal

  2. Intra Territorial

  3. Extra Territorial

  1. Personal Jurisdiction:

U/s 3 (a) of Indian Penal Code, any citizen of India is punishable for any offence under this code, committed within or beyond India, at any place. Few citizens of India are exempted from prosecution under any law. They are-

  1. The president

  2. Governor

  3. Judges

  4. Ambassadors, etc.

Land not only means to include soil but also water such as inland rivers, cannals etc., to the extent of 12 nautical miles from the Indian coast to which this code applies. In AIR 2012 SC 1, the apex court held that ‘to commit any offence, mensrea is an important element.’

  1. Intra Territorial: U/s 2 of IPC lays down that any person who has committed any offence within India shall be punishable under this code at any place within India.

  2. Extra Territorial: U/s 3 of IPC explains that any person who is liable, by Indian law, to try any offence committed within or beyond India shall be triable by Indian courts, where ever found within India.

U/s 45 A of the Information Technology Act was inserted in order to expand the scope of the Act for any offence committed beyond the territory of India, but targeting the computer resource within India.

The jurisdiction of Indian courts to try any offence punishable under this code, is expanded u/s 4, even to any person on ship or aircraft which is registered in India even when it may be at any place.

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