Ipc

1. Extent & Applications in IPC Sec.1 to 4
Presented By
Sri Biswaranjan Rout, OSPS-II
Asst. Public Prosecutor
Bhubaneswar
INDIAN PENAL CODE, 1860

2. This act shall be called The Indian Penal
code.
Extends to whole of India.(31st October, 2019)

3. 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.

4. APPLICABLITY OF ANY LEGISLATION
1. From which date the law will come into force.
(Prospective in nature)
2. To whom the law is made applicable. (Different
types of persons)
3. The area or territory of the law shall be applicable.
(Sec.1)
SEC.2 HAS TWO FOLD APPLICATIONS
1. Territorial
2. Extra Territorial Applicability

5. Every person [Mobarak vs state of bombay]
1. Indian
2. Non-Indian
If they are found to have committed any offence inside
Indian territory.
Territorial limits / Territory – Geographical limit of a
Country
 Land & water within the geographical boundary of a
country
 Some portions of the adjoining sea.
a) Contagious zone – 12 nm from nearest base line.
b) Exclusive economic zone – 200 nm.
 Over head air space of the country.
Three areas – soil / Sea / Air space

6. EXEMPTION FROM CRIMINAL PROSECUTION
According to provisions of Art.361 of the
Constitution of India.
 High dignitaries of the State i.e. the President /
V.P. 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.

7.  Foreign Sovereigns
 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.

8.  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.

9. SECTION 3 :
 Legal fiction.
 Crimem transit personam – crime follows or carries
 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

10.  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.

11. SECTION 4 :
 R/w 188 of Cr.P.C.
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.

12.  Two categories of persons.
i. Any indian in any place without and beyond india.
ii. Any person one any ship of air craft registered in
india where ever it may be.
Ship / Air craft – flotting territory

13.  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

14. Admiralty jurisdiction
 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, whether an
Indian citizen or a foreigner, isamenable to indian
courts.
 If the vessel is flying indian flag &registered in india
.

15.  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.

16. Cyber crime targeting a computer resource 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.

17. THE END
Thank you