The article is written by Lakshmi Sharma, from,vinoba Bhave University, University law college hazaribagh ( jharkhand)
Introduction:
The Indian Penal Code (IPC) is the main criminal law of India. It was enacted in 1860, and it applies throughout the territory of India. The IPC contains provisions relating to various offences, their punishments and procedures to be followed during the trial. However, the application of the IPC is not limited to the territorial boundaries of India. It also applies to certain extra-territorial offences committed by Indian citizens or persons employed by the Government of India outside India.
Extra-Territorial Application of IPC:
The extra-territorial application of the IPC is governed by Section 4 of the Code. This section provides that the IPC shall apply to offences 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; and
Any person in the service of the Government of India, wherever he may be.
Section 4(a) of the IPC states that any citizen of India who commits an offence outside India shall be deemed to have committed the offence within India. In other words, such an offence shall be triable in India, and the offender shall be liable to be punished under the IPC. However, this provision does not apply to cases where the offence is punishable with death or imprisonment for life.
Case law:
In the case of State of Maharashtra v. Dr Praful B Desai (2003), the accused, who was a citizen of India, was charged with offences under Section 376 and Section 420 of the IPC. He was alleged to have committed these offences in the United States of America. The question before the court was whether the IPC applied to offences committed by an Indian citizen outside India. The court held that Section 4(a) of the IPC clearly indicates that any citizen of India who commits an offence outside India shall be deemed to have committed the offence within India, and therefore, the IPC applies to such offences.
Intra-Territorial Application of IPC:
The intra-territorial application of the IPC is governed by Section 2 of the Code. This section provides that the IPC shall apply to offences committed within the territory of India. The expression “territory of India” includes:
The territories which are under the control of the Government of India;
The territories which are under the control of the Government of any State;
Any ship or aircraft which is registered in India, wherever it may be; and
Any citizen of India on any ship or aircraft outside India.
Case law:
In the case of State of Bombay v. RMD Chamarbaugwala (1957), the accused was charged with an offence under Section 294(a) of the IPC for conducting a lottery. The question before the court was whether the IPC applied to such an offence committed within the State of Bombay. The court held that the IPC applied to offences committed within the territory of India, which included the State of Bombay. The court further held that the expression “public place” used in Section 294(a) of the IPC would include a private place, if it is open to the public or if the public has access to it.
Conclusion:
The Indian Penal Code is a comprehensive law that governs various criminal offences in India. It applies not only within the territorial boundaries of India but also to certain extra-territorial offences committed by Indian citizens or persons employed by the Government of India outside India. The extra-territorial application of the IPC is governed by Section 4 of the Code, while the intra-territorial application is governed by Section 2. These provisions have been interpreted by various courts in India, and their scope and applicability have been well-established through various case laws.
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