Law and You > Criminal Laws > Indian Penal Code >Concept Application 1.2 (Ss. 1 to 5)
These are the FAQs asked on territorial jurisdiction of the Indian Penal Code. These are 2 Marks questions and answer is expected in one or two sentences.
Answer the following questions in one or two sentences. (2 Marks)
Q1. What are the essentials for Section 2 of IPC?
The essentials of Section 2 of IPC are as follows:
- An offence must be committed by any person.
- The person should have committed some act or omission as per the provisions of the Code.
- The person will be guilty of the offences committed within India.
- The person will be liable only under this Code and not otherwise.
- The person should not be from persons in exempted list
Q2. What is the meaning of territorial jurisdiction of the Code?
Under the IPC, territorial or intra-territorial jurisdictions deal with crimes and offences committed by anyone within the territory of India. The phrase “within India” used Section 2 of the IPC gives intra-territorial jurisdiction of the Code which includes land, rivers, a territorial area in the high sea within 12 miles from the coast of India.
Q3. What is the extent of the territorial waters of India?
According to Gazette of India, Extraordinary, Part III, Sec 2 dated 30-9-1967, “the territorial waters of India extends to the territorial sea waters up to a distance of twelve nautical miles from the shores, and were covered within the territory of India”.
Q4. List the persons exempted from the purview of the Indian Penal Code.
Under Section 2 of the Code, persons like the President, Governors of States, foreign sovereigns, foreign ambassadors, diplomatic representatives, alien enemies, foreign army, and warships are exempted from the purview of the Code.
Q5. What is meant by Extra-Territorial Jurisdiction of the Indian Penal Code?
Sections 3 and 4 of the Indian Penal Code deals with the extra-territorial jurisdiction of the Code.
Section 3 of the Code:
Punishment of offences committed beyond, but which by law may be tried within, India:
“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”
Section 4 of the Code:
Extension of Code to extra-territorial offences:
The provisions of this Code apply also to any offence committed by
- any citizen of India in any place without and beyond India;
- any person on any ship or aircraft registered in India wherever it may be
- any person in any place without and beyond India committing offence targeting a computer resource located in India
Q6. What are the essentials of Section 3 of IPC?
The essentials of Section 3 of IPC are as follows:
- An offence must be committed by any person. The definition of the word “person” (Section 11) includes a Company or Association or body of persons, whether incorporated or not is an artificial entity created for the purpose of business. Similarly, it includes Indian nationals and foreign nationals.
- A person must be liable under Indian law.
- The offence must be committed beyond the territory of India, either geographical or marine.
- Such persons shall be bound by Indian law for any offence committed outside India, as though the offence was committed within India.
Q7. Can the Indian Courts conduct the trials for the punishment of offences committed beyond the Indian territories?
Yes, Under Sections 3 and 4 of the Indian Penal Code the Indian Courts conduct the trials for the punishment of offences committed beyond the Indian territories.
Section 3 of the Code:
Punishment of offences committed beyond, but which by law may be tried within, India:
“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”
Section 4 of the Code:
Extension of Code to extra-territorial offences:
The provisions of this Code apply also to any offence committed by
- any citizen of India in any place without and beyond India;
- any person on any ship or aircraft registered in India wherever it may be
- any person in any place without and beyond India committing offence targeting a computer resource located in India
Q8. What is meant by “Extradition”?
Extradition is the legal process by which a person is transferred from one country to another without the person’s consent n pursuance of a treaty or an ad hoc arrangement between the two countries.
Q9. What are the sections in the Code of Criminal Procedure, 1973 about the extra-territorial jurisdiction?
Sections 188 and 189 of the Code of Criminal procedure, 1973 lay down the provisions for extradition and the extra-territorial jurisdiction
Q10. What is Admiralty Jurisdiction”?
Admiralty Jurisdiction is the jurisdiction that confers the power on Courts to try offences which are committed on high seas. This type of jurisdiction was introduced by various statutes such as the Admiralty Offences Act, 1849, Colonial Courts of Admiralty Act 1890 with the Indian Colonial Courts of Admiralty Act 1891, and the Merchant Shipping Act, 1894.
Q11. Is there any exemption from the jurisdiction of the Indian Penal Code?
Under Section 2 of the Code, persons like the President, Governors of States, foreign sovereigns, foreign ambassadors, diplomatic representatives, alien enemies, foreign army, and warships are exempted from the purview of the Code.
Similarly, under Section 5 of the Code, “Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provision of any special or local law”.