This article written by,RADHA BEERE.
INTRODUCTION:-
Intra- territorial jurisdiction deals with the crimes committed within the boundaries of the Indian territory.
Extra- territorial jurisdiction deals with the crimes committed beyond the boundaries of the Indian territory.
JURISDICTION:-
It comes from Latin roots of ‘juris’ means the law and ‘ dicere’ means to speak. It is the authority given to administer, operate and legislative over a state.
Jurisdiction may be defined as power or authority of court to hear and determine a case, to adjudicate and exercise any judicial power in relation to it by taking cognizance of matters presented before the court. There are two kinds of jurisdictions of court-
Inherent jurisdiction, it is meant that the court is not empowered to try the care.
Local jurisdiction means the limit of the area in which the court can exercise it’s power.
JURISDICTION UNDER IPC 1860 AND CRPC 1973:-
SECTION -2: Of the IPC deal with intra-territorial jurisdiction.
SECTION – 3&4 : Deals with extra -territorial jurisdiction.
SECTION- 177 OF CRPC: Deals with the ordinary be inquired and trail every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.
SECTION -179 TO 185& 188 OF CRPC: Specific exceptions have been laid down in these sections.
INTRA-TERRITORIAL JURISDICTION:-
Section -2 deals with the intra-territorial jurisdiction of the code. It makes the code universal in its application to every person in any part of India for every act or omission contrary to the provisions of the code.
Section -2 Punishment of offences committed within India – every person shall be liable to punishment under this code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.
DEFINITIONS:-
EVERY PERSON –
Every person is made liable to Punishment, without distinction of nation, rank, caste or creed, provided the offence with which he is charged has been committed in some part of India. The use of the expression every person in this section and not any person as in section 3and 4(2) is deliberate.
FOREIGNER-
A foreigner who enters the Indian Territories and thus accepts the protection of India laws virtually gives an assurances of his fidelity and obedience to them and submits himself to their operation. A foreign national committing an offence within India can be punished.
CORPORATIONS-
A company is liable to be persecuted and punished for criminal offences. Although there are earlier authorities to the fact that the corporation cannot commit a crime, the generally accepted modern rule is that a corporation may be subject to indictment and other criminal process although the criminal act Amy be committed through its agent.
WITHIN INDIA –
The expression within India in section -2 of IPC points out towards. The intra-territorial jurisdiction of the IPC. This includes the whole land territory of India, the maritime belt of India which presently extends up 12 nautical miles in the sea, the whole air space over and the area underneath this total area. The maritime belt, which is also known as territorial waters is measured from the appropriate bare line.
EXCEPTIONS TO THE INTRA-TERRITORIAL JURISDICTION:-
- Foreign sovereigns.
- Ambassadors.
- Alien enemies.
- President and governs.
- Worships.
EXTRA-TERRITORIAL JURISDICTION:-
Section -3 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 has been committed within India.
SECTION-4 : CRIMES COMMITTED OUTSIDE INDIA:
When an offence is committed in some other country but the offender is found in India, then
He may be given up for trail in the country where the offence was committed extradition or,
He may be tried in India extra-territorial jurisdiction.
PROVISIONS RELATED TO JURISDICTION IN CRIMINAL PROCEDURE CODE 1973
Section -177 of crpc deals with the ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed
Section -179: Offence triable where act is done or consequences.
Section -188: Offences committed outside India.
Extra -territorial jurisdiction is limited yet does exist in 3 different matters On land, on waters, In the air as well. Their implications also differ as they are 3 different contexts and must be dealt with in distinction. On land not only sections 3 and 4 of IPC provide for it but also sections in CRPC. Indian citizens are liable under the criminal laws laid in India irrespective of their place of commission.
CONCLUSION:-
The jurisdiction clauses in the IPC essentially state absolute control over Indian citizens and immunity to any foreigners who fall under a certain category due to international laws and statues.
REFERENCES:
https://lawcolloquy.com/view_post.php?data=26
https://bnwjournal.com/2020/05/29/intra-and-extra-territorial-jurisdiction-i-p-c/