TERRITORIAL

JURISDICTION
OF IPC
Presenter : Sujata Kumaraswamy, FY LLB
 Territorial jurisdiction is the geographical
boundary where a court can exercise and extend
it’s authority and power to enforce its judgments.
Intraterritorial
Jurisdiction
Section - 2

Extraterritorial
Jurisdiction
Section 3 and 4
IPC Intraterritorial Jurisdiction
Section - 2

Every person shall be liable for

punishment under this code for
every act or omission contrary to
the provisions thereof, of which
the individual shall be guilty
WITHIN INDIA
 Intraterritorial Jurisdiction
Section - 2

 Every person means a citizen as well as a foreigner

 Foreigner can not take the plea of ignorance of law

 WITHIN INDIA

AIRSPACE LAND WATER

Air space Within geographical Within 12 Nautical

controlled by miles of any coastline
boundaries of India
India of India
 LANDMARK CASES
> STATE OF MAHARASHTRA Vs M. H. GEORGE AIR 1965 SC 722
The SC held that the trial and the conviction under the Indian law was valid, The court also held
that it is necessary for foreigners to know that ignorance of law can not be pleaded

> MOBARIK ALI AHMED Vs. THE STATE OF BOMBAY, AIR 1957 SC 857
The SC held that the basis of jurisdiction under Section 2 is the locality where the offence is
committed, and that the corporeal presence of the offender is immaterial

> LEE KUN HEE & ORS. Vs State Of U.P. 2012

The Supreme Court held that the plea of the accused is not maintainable. It can not be said that the
actions attributed to the accused had no connectivity to India.
Exceptions in Intraterritorial
jurisdiction
 Foreign Sovereign
 Ambassador
 Diplomatic Representatives
 President and Governor ( Art. 361)
 Alien Enemies
 Foreign Army
 Diplomatic Representatives
 Warship
 Extraterritorial jurisdiction Section
3&4
o Extra-territorial jurisdiction is the authority and power of courts exercised for
the crimes committed beyond the boundaries of Indian territories

o Any person liable by any Indian law To be tried for an offense committed
beyond India Shall be dealt with according to the provisions of this code

o For any act committed beyond India in the same manner as if such act had been
committed within India
 Extension of Code to Extra territorial jurisdiction
Section 4:

Offense
committed by

By Indian Citizen By any person

By any Person
Targeting a computer
@Foreign Land
resource located in
@Ship or Aircraft India
registered in India
 Definitions

OFFENSE : Every act committed outside of India, which if

committed in India would be punishable under this code.

COMPUTER RESOURCE: Shall have the meaning assigned to it in

Clause (K) of Subsection 1 of Section (2) of the Information Technology
Act, 2000.
 LANDMARK CASES
 Abu Salem Abdul Qayoom Ansari Vs State Of Maharashtra & Anr 2010 : In
this case Abu Salem, a member of Mumbai’s organized crime syndicate was
convicted in over 50 crimes and was extradited along with his partner
Monica Bedi, following the process of Extra territorial jurisdiction.

 Remia Vs Sub Inspector Of Police : An Indian Citizen murdered

another Indian Citizen in Sharjah, UAE, after the Police refused to file
an FIR as they believed to not have jurisdiction over the case. Later the
Court directed the Police to file an FIR