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Application of IPC

The Indian Penal Code (IPC) applies universally across India, including Jammu and Kashmir, and holds individuals accountable for crimes committed within its territory, regardless of nationality. It also includes extraterritorial jurisdiction, allowing prosecution for offenses committed outside India if they impact the country. Section 5 provides exceptions for specific classes of individuals, such as military personnel, who are governed by separate laws.

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22 views3 pages

Application of IPC

The Indian Penal Code (IPC) applies universally across India, including Jammu and Kashmir, and holds individuals accountable for crimes committed within its territory, regardless of nationality. It also includes extraterritorial jurisdiction, allowing prosecution for offenses committed outside India if they impact the country. Section 5 provides exceptions for specific classes of individuals, such as military personnel, who are governed by separate laws.

Uploaded by

arundhatipaul22
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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APPLICATION OF IPC

Introduction

Section 1 of the Indian Penal Code outlines the scope and application of the law,
stating that it applies to the entire country of India, including the union territory
of Jammu and Kashmir. This includes all states, union territories and any other
territories that may come under Indian jurisdiction.

Intra-territorial Jurisdiction & Extra-territorial Jurisdiction under IPC

In terms of jurisdiction, Section 2 of the IPC establishes that it applies to all


individuals for any action that violates its provisions within Indian territory.
Sections 3 and 4, on the other hand, provide extraterritorial jurisdiction, allowing
individuals to be held accountable for any offences committed outside of India’s
borders.

Intra-territorial Jurisdiction under IPC

Section 2 of the Indian Penal Code establishes that any person who violates the
provisions of the code by committing an act or failing to do so is subject to
punishment, regardless of nationality, rank, caste or creed. The section applies to
all wrongdoers within the Indian territory, meaning that foreigners cannot claim
ignorance of Indian law for committing a crime within the country. Section 2 of
the Indian Penal Code applies to every person who commits an act or omits to do
an act within the Indian territory in violation of the code’s provisions. This
includes foreign nationals who enter India and those who instigate an offence
outside the territory of India but it is committed within India. The court has held
that physical presence is not necessary for liability under the code.

Corporations, including unincorporated entities, can also be held liable for


criminal acts or omissions by their agents.

The state can also be held responsible for the wrongful acts or omissions of its
agents.

In Mobarik Ali v. The State of Bombay, a Pakistani national was held liable for
an offense in Bombay despite not being physically present at the time of
commission, while in the State of Maharashtra v. Mayer Hans George, a
foreigner was held liable for an offence under the Foreign Exchange Regulation
Act, 1973 upon landing in India. In State of Maharashtra v. Syndicate
Transport Company, a company was held liable for the criminal act of its
director, authorized agent or servants, while in Superintendent and
Remembrancer of Legal Affairs, West Bengal v. Corporation of Calcutta, the
state was held responsible for the wrongful acts or omissions of its agent.

However, there are exceptions to the universal application of the code and certain
classes of people are exempt from criminal liability. These include foreign
sovereigns, diplomats, enemy aliens, foreign armies and warships, as well as the
President and governors.

Section 5: An Exception to Section 2

Section 5 of the Indian Penal Code is a saving clause that excludes the application
of the Code over matters for which specific laws are already present. It limits the
applicability of the law to specific classes of people for whom different laws
already exist in the country. Section 5 provides that the Code shallnot interfere
with any special or local laws on matters of punishment, mutiny or desertion of
officers, sailors, soldiers or airmen who work for the Government of India.

Section 5 is an exception to Section 2, which makes the Code applicable


universally within the territory of India to every person, regardless of their
nationality, rank, caste or creed. Section 5 applies to officers, soldiers, sailors and
airmen who render their services to the Government of India and have been made
liable for desertion or mutiny against the Government.

The section limits the application of the Code to Acts and provisions related to
the prescription of punishment for desertion or mutiny against the Government
of India by such personnel. The Army Act, 1950, Air Force Act, 1950, Navy Act
1957 and Air Force and Army Law (Amendment) Act, 1975 are the main Acts
related to this matter.

Extra-territorial Jurisdiction under IPC

Section 3 and Section 4 of the Indian Penal Code provide provisions for
extraterritorial jurisdiction. Extraterritorial crimes are prosecuted in a country
different from where they were committed. Section 3 states that if a person
commits an act outside of India’s territorial boundaries, but the impact of that act
is within the country, the person can be tried under the Code’s provisions, even if
the act is not considered an offense in the country where it was committed.

Section 4 of the Indian Penal Code extends the application of Section 3. It


provides two options if an offender commits a crime outside India’s jurisdiction
but is found within its boundaries: extradition to the country where the crime
occurred or prosecution under Indian criminal law through extraterritorial
jurisdiction.

Scope of Sections 3 and 4, Indian Penal Code 1860

Section 4 of the Indian Penal Code confers jurisdiction of the Code on any person
who commits a crime beyond the territorial limits of India. This Section also
covers the following individuals:

• Any Indian citizen who is present outside the territory of India and commits an
offence.

• Any person who is traveling through a ship or aircraft that is registered in India.

• Any person who is present in a location outside the territorial limits of India and
targets computer resources that are located in India.

Conclusion

The jurisdiction of the Code extends to the entire country of India, including the
union territory of Jammu and Kashmir. It is not only to Indian citizens but also to
foreigners who commit crimes within the country’s boundaries. Additionally,
extraterritorial jurisdiction enables the Indian courts to try offenders who commit
crimes outside the country’s borders, as long as the act has a significant impact
on the Indian territory or Indian citizens. The provisions under Sections 3, 4 and
5 of the Indian Penal Code establish the scope and limitations of the law’s
applicability in various scenarios.

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