Amity Law School Noida

Amity Law School, Noida

B.A.LL.B. 3 Year 3 Sem
Law of Crimes- IPC
Ashwani Pant

1
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Topic of the session

EXTENT & OPERATION OF IPC

 What is a crime? Amity Law School Noida

Any act or omission of an act that is prohibited and

punishable by the Law of the land is a crime.
 Section 1: Amity Law School Noida

Title & Extent of operation of

the code

• This act shall be called The Indian Penal code.

• Extends to whole of India except the state of J&K.

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Section 2 :
Punishment of offences committed within India.
•
Every person shall be liable to
punishment under this code.
Not other wise for every act or omission
•
contrary to provisions thereof ,of guilty within
india.
Deals with intra-territorial operation of the
•
code.
It makes code universal.
•
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Every Person It
has wider connotation.
It includes citizens ,non-citizens &
foreigners visiting India.
Foreigners who enters Indian territories
by accepting the allegiance & protection
of Indian laws.
Mobarak vs state of bombay (SC1957)
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Exemption from criminal

prosecution
According to provisions of Art.361 of
the Constitution of India.
 High dignitaries of the State i.e the President of
India and the Governors of the States.
 Not answerable to any court for the exercise
and performance and duties of his office or for
any act done or purporting to be done by him in
the exercise and performance of those
powers.
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 Foreign Sovereign
 Diplomats
Ambassadors and certain members of diplomatic
staff also enjoy immunity from the jurisdiction of
the courts of the country.
 Alien enemy
 Cannot be tried by the criminal courts of the
country in respect of their acts of war. They
shall be dealt with under martial law.
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 Foreign army
 If a foreign army, by consent of the Indian
Government, is stationed on Indian soil, it is
exempt from the jurisdiction of the state
and consequently from the jurisdiction of
the criminal courts.
 Warships
 Foreign naval forces on board of warships of
their country in territorial waters of India are not
subject to the jurisdiction of the criminal courts
of the country.
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Section 3 :
Punishment of offences committed beyond ,but
when 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 had been committed with in
India.
Extra territorial operation :
• Section 3 & 4 of penal code give extra territorial
operation to the code.
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Section 3 gives criminal jurisdiction to the court to try for

an offence committed by the person beyond the territory of
India provided such a person is subject to Indian law .
• Example: if an Indian army soldier commits a
murder in Nepal ,while in service he is liable
to be prosecuted for murder in India.
• The scope of section 3 is so wide enough as
it makes not only Indians citizens liable for
an offences committed abroad, but also
those who are covered by any special law
bringing them under Indian jurisdiction.
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Section 4
Extension of code to extra-territorial
offences.
Any citizen of India in any place without & beyond
India
Any person on any ship or aircraft registered in India
where ever maybe.
Any person in any place without and beyond
India committing offence targeting computer
resource located in India.
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•
Example : A who is citizen of India commits a murder in Uganda. He can be
tried & convicted of murder in place in India in which he may be found.
•Crime committed outside India
•Clause 1 of section 4 extends the code to an offence
committed by a citizen of India in any place without
&beyond
• India.
•offence committed by any person on any india
registered ship or aircraft.

•
 • Admiralty jurisdiction Amity Law School Noida

• Section 4 of clause (2)of the penal code gives

admiralty jurisdiction to the Indian courts
&power to try offences committed on any
ship,or aircraft registered in india.
• Ship is considered to be a floating island
&belongs to the country whose flag is flying
,likewise also aircrafts.
• A person committing a crime on board
,weather an Indian citizen or a foreigner, is
amenable to indian courts.
• If the vessel is flying indian flag &registered in
india .
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It may be noted that the IPC (Amendment) bill

,1972 had proposed to widen the scope of
extra-territorial jurisdiction by making the
provisions of the code applicable to an
offence committed outside India by an alien.
If a foreigner after committing a crime outside
India steps into India ,he may be sent back
to the country where the offence was
committed for trial ,on proper requisition by
that country.
The requisition proceedings termed
“Extradition proceedings” governed by Indian
extradition Act of 1962.
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Cyber crime targeting a compuer resourse

located in India
By the insertion of sub-section (3) in
section 4 of IPC by the Information
Technology (Amendment) Act,2008.
The territorial operation of the code is
extended to any offence committed by any
person in any place without and beyond India
targeting a computer resources located in
India.