Section 2, IPC applies to a foreigner who has committed an offence within India notwithstanding that he was corporeally present outside. Being a foreign national does not imply that the foreigner will not be liable for criminal acts in the country.
Is IPC applicable to foreigners?
A person must be liable under Indian law. Therefore, a citizen of India or any foreigner who is bound under Indian law is bound by Section 3 of the IPC. The offence must be committed beyond the territory of India, either geographical or marine.
Can an offence committed outside India be tried in India under Indian criminal law?
NEW DELHIL: An Indian citizen who has committed a crime abroad can be prosecuted in the country but the trial cannot commence beyond the cognisance stage without prior sanction of the government, the Supreme Court has held.
What is the territorial extent of IPC?
—This Act shall be called the Indian Penal Code, and shall 1 [extend to the whole of India 2 [except the State of Jammu and Kashmir].] 2. Punishment of offences committed within India.
Under what circumstances an offence committed outside India may be treated as an offence in India?
Proviso to Section 188 CrPC provides that no offence which is committed outside India shall be inquired into or tried in India except with the previous sanction of the Central Government. …
Who is a foreigner in India?
Provisions. The Act defines a foreigner as ”a person who is not a citizen of India”. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.
Who all are public servants in India?
The IPC defines “public servant” as a government employee, officers in the military, navy or air force; police, judges, officers of Court of Justice, and any local authority established by a central or state Act. shall be punished with life imprisonment or with imprisonment of upto 10 years and a fine.
What IPC 34?
[34. Acts done by several persons in furtherance of common intention. —When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]
What happens if a foreigner commits a crime in India?
A foreigner who commits an offence within India is guilty and can be punished as such without any limitation as to his corporeal presence in India at the time. … Being a foreign national does not imply that the foreigner will not be liable for criminal acts in the country.
What is territorial jurisdiction in India?
Territorial jurisdiction refers to power of the court to inquire and proceed with the trial of matter that is presented before it.
Does IPC apply to Jammu Kashmir?
Jammu and Kashmir State Ranbir Penal Code or RPC was the main criminal code applicable in the erstwhile Indian state of Jammu and Kashmir. Henceforth, the Indian Penal Code has come into force in the region. …
How many types of jurisdiction are there in India?
The Supreme Court in India has three types of jurisdictions – original, appellate and advisory as provided in Articles 131, 133 – 136 and 143 respectively of the Indian Constitution.