Chapter – 1 Introduction (Application of IPC & Title and Territorial Extent)
1. Title and extent of operation of the Code.
2. Punishment of offences committed within India.
3. Punishment of offences committed beyond, but which by law may be tried within, India.
4. Extension of Code to extra-territorial offences.
5. Certain laws not to be affected by this Act
Sec. 1. Title and extent of operation of the Code.
- The name of this code is Indian Penal Code, 1860 but in short it is known as IPC.
- It extends to the whole India (including Jammu & Kashmir by the J & K Reorganization Act, 2019 w.e.f. 31-10-2019). Before 31-10-2019 it was not applied to J& K.
(Before 1860, the English criminal Law, as modified by several Acts, was administered in Presidency towns of Bombay, Calcutta and Madras.But in the mofussil ,the Courts were principally guided by the Mohammedan criminal law.The Judicial System of Bombay was thoroughly revised in 1827 by the regulations of XIV of 1827.But in Bengal and Madras Presidencies the Mohammedan criminal law was in force till the Indian Penal Code came into operation.)
[ All offences under IPC, 1860 shall be investigated, inquired into, tried and otherwise dealth with according to the provisions of the Code of Criminal Prodecure, 1973( CrPC, 1973)]
Sangeetaben Mahendrabhai Patel v State of Gujarat, AIR 2012 SC 2844: (2012) 7 SCC 621. It is held by SC thatin the situation of overlapping offences between IPC and other enactments, It would not mean that the offender could not be tried under IPC, 1860. The Court concerned can pronounce on such issues on the basis of evidence produced it. There may be some overlapping of facts in the cases under Sec. 420 IPC, 1860 and Sec. 138 of the Negotiable Instrument Act, 1881 but ingredients of offences are entirely different.thus the subsequent case is not barred.
Sec. 2 Punishment of offences committed within India.
- Every Person, who does any act or omission contrary to provisions of IPC within India shall be liable to punishment under this code.
- Every person is liable without distinction of nation, rank, caste or creed) Foreigner is also included, It is no defence on behalf of a foreigner that he didn’t know he was doing wrong ( Ignorantia legis neminem excusat –Ignorance of law is no excuse) Case Law – Mobarik Ali v State of Bombay, AIR 1957 SC 857
- Some Persons are exempted from the jurisdiction of criminal courts of every country. Viz- President ,Vice President, Governors, Warships, Foreign army, Alien enemies, Diplomats and Foreign Sovereigns.
- It deals with the intraterritorial operation of the code. Territorial jurisdiction of india include Land ,Air, Water (The Territorial Waters, Continental Shelf, Exclusive Economic was fixed at 12 nautical miles by the Matritime Zones Act, 80 of1976. (EEZ – At 200 nautical miles Case Law UOI Republic of Itly through Ambassador v UOI, 92013) 4 SCC 721)
Case Law In CBI v Blue Sky Tie –up Pvt Ltd, (2011) 6 Scale 436: AIR 20005 SC 2622:
It was held by SC(Majority of the constitution bench) that the company can be prosecuted even in a case where the court can impose substantive sentence as also fine, and in such case only fine can be imposed on the corporate body.
Sec. 3. Punishment of offences committed beyond, but which by law may be tried within India.
- Any person, who is liable to be tried under Indian Law, if commits any offence beyond India shall be dealt according to the provisions of IPC, as if the offence is committed within India.
- It deals with the extraterritorial operation of the code.
- The operation of the section is restricted to the cases specified in the Extradition Act, 1962 and the CrPC, 1973, sections 188 and 189.
Case Law- Harihar Narasimha Iyer v State of TN, 2013 CrLJ 378
It was held that an offence committed outside India by a citizen of India can be investigated by the local pollice even without prior sanction of the Central Government. Where both husband and wife are Indians residing at USA, a complaint the husband alleging cruelty is maintainable.
Sec. 4. Extension of Code to extraterritorial offences.
- It deals with the extraterritorial operation of the code, It shows the extent to which the code applies to offences committed outside india.
- It applies 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, who committs any offence, from anywhere in the world , targeting a computer resource located on India.
- Explanation- In this section-
- The word “offence” includes every act committed outside India which, if committed in India, would be punishable under this code.
- The expression “ computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);]
Example A, who is a citizen of India commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.
- Where an offence is committed beyond the limits of India but the offender is found within its limits, then
- He may be given up for trial in the country where the offence was committed ( extradition) or
- He may be tried in india ( extraterritorial jurisdiction).
Case Law- Mohammed Rafi v State of Kerala, 2010 CrLJ 592 Ker DB. Where an offence was committed by an Indian citizen outside India, it was held that the offence was punishable under IPC, 1860. AN investigation of such an offence would not require sanction of the central government under the proviso of Section 188, CrPC, 1973. But an enquiry as contemplated by section 202, CrPC, 1973 could only be with the sanction of the central government.
State of WB v Jugal Kishore more, (1969)3 SCR 320
Extradition is the surrender by one state to another of a person desired to be dealt with for crimes of which he has been accused or convicted and which are justiciable in the courts of the other state. Surrender of a person within the state to another state whether a citizen or an aline- is a political act done in pursuance of a treaty or an arrangement ad hoc.
- Acts done within Indian as well as foreign territory.
A person who is a citizen of India is liable to be tried by the courts of this country for acts done by him, partly within and partly without the Indian territories, provided the acts amount together to an offence under the code.
- Admirality jurisdiction
The jurisdiction to try offences committed on the high Seas is known as the admiralty jurisdiction. It is founded on the principle that a ship on the high Seas may be a floating Island belonging to the Stae whose flag she is flying.
Admiralty jurisdiction extends over-
- offences committed on Indian ships on the high Seas.
- offences committed on foreign ships in Indian territorial waters.
- Piracy. MV Elizabeth versus harwan investment and trading AIR 1993 S C 1014 According to the case
Piracy consists of any of the following acts
- any illegal acts of violence or detention,or any act of depreciation,committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:
- on the high Seas, against another ship or aircraft, or against the persons or property on board such ship or aircraft;
- against a ship, aircraft, persons or property in a place outside the jurisdiction of any state;
- any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a private ship or aircraft;
- any act of inciting or of intentionally facilitating and act described in subparagraph (a) or (b)
- Jurisdiction of Indian high courts
in view of the declaration of law made by the supreme court in MV Elizabeth v harwan investment and trading, The High Courts in India have inherent admiralty jurisdiction the offence which come within the admiralty jurisdiction.
- liability of foreigners in India for offence committed outside its limits, if a foreigner in a Foreign territory initiates an offence which is completed within Indian territory, he is, if found within Indian territory, liable to be tried by the Indian courts2 within whose jurisdiction the offence was completed. chhotalal, (1912) 14 Bom LR 147.
Sec. 5 certain laws not to be affected by act
- The act is not applied to mutiny, desertion of officers, soldiers, sailors or airmen in the service of the government of India.
- It is also not applied to Special & Local Laws
UOI v Anand Singh Bisht,AIR 1997 SC 361
The personnel of the army, Navy and Airforce are governed by the provisions of The Army Act, 1950, The Navy Act, 1957, and The Indian Air Force Act, 1950 in regard to offences of mutiny and desertion committed by them.