EXTENT
AND
OPERATION


OF
THE
CODE


Lecture‐2
 1
 5/7/11

 INTRODUCTION

• The
introductory
Chapter
of
the
Penal
Code

consists
of
a
preamble
and
five
sections.


• Preamble.‐
WHEREAS
it
is
expedient
to
provide

a
general
Penal
Code
for
[India];
It
is
enacted

as
follows:‐


• The
word
‘India’
is
substituted
by
Act
3
of
1951,

s.3
&
sch,
for
“the
whole
of
India
except
Part
B

states”.


Lecture‐2
 2
 5/7/11

 Extent
and
Operation

• This
Act
shall
be
called
the
Indian
Penal
Code,

and
shall
extend
to
the
whole
of
India
except

the
[State
of
Jammu
&
Kashmir]


• The
word
again
‘State
of
Jammu
&
Kashmir’
is

substituted
by
Act
3
of
1951,
s.3
&
sch
for

“except
Part
B
States”


Lecture‐2
 3
 5/7/11

 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].


Lecture‐2
 4
 5/7/11

 Territorial
jurisdiction

Section
2
of
the
Penal
Code
deals
with
the
intra‐
territorial
operation
of
the
Code.
It
refers
to

offences
committed
within
India
and
declares
that

every
person
shall
be
liable
to
punishment
under

the
code
for
every
act
or
omission
contrary
to
the

provisions
of
the
Code
of
which
he
shall
be
guilty

within
the
territory
of
India.

The
section
asserts
the
principle
of
criminal
liability

on
the
basis
of
locality
and
the
place
of
offence

committed.


Lecture‐2
 5
 5/7/11

 
‘Every
person’‐
Meaning

The
section
makes
‘every
person’
irrespective
of
his

nationality
or
allegiance,
or
his
rank,
status,
caste,

color
or
creed,
liable
to
punishment
under
the

Penal
Code
for
an
offence
committed
within
India.


The
words
‘every
person’
includes
not
only
citizens,

but
non‐citizens
and
even
foreigners
visiting
the

country.


However,
it
does
not
include
a
non‐judicial
person,

such
as
a
corporation
or
a
company.


Lecture‐2
 6
 5/7/11

 Mobarak
Ali
v.
State
of

Bombay
AIR
1957
SC
857

• The
accused
was
arrested,
while
he
was
in

England,
and
brought
to
Bombay
as
a
result
of

extradition
proceedings,
where
he
was

prosecuted
and
convicted
under
section
420
of

the
Penal
Code
for
cheating.


• The
Supreme
Court
upheld
the
conviction
and

held
that
the
offence
was
committed
by
the

accused
at
Bombay,
even
though
he
was
not

physically
present
there
at
the
material
time.


Lecture‐2
 7
 5/7/11

 Exemption
from
criminal

prosecution

•  There
are
certain
exceptions
to
the
general
rule
of

criminal
liability
based
on
the
principle
of

expediency,
convention
or
an
agreement
between

nations.


•  High
dignitaries,
the
Heads
of
foreign

governments,
ambassadors,
diplomatic
agents,

Consuls,
United
Nations
Representatives,
the

President
of
India
and
Governors
of
State,
etc.
are

provided
immunity
from
criminal
prosecution.


Lecture‐2
 8
 5/7/11

 Extra
Territorial
Operation

of
the
Code

• Section
3
&
4
of
the
Penal
Code
deal
with

extra‐territorial
application
of
the
Code.


• Where
a
crime
is
committed
outside
the

territory
of
India
by
an
Indian
national,
such
a

person
may
be
tried
and
punished
by
the

Indian
courts
and
such
jurisdiction
is
known
as

extra‐territorial
jurisdiction.

 Section‐3

• 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
within
**[India].




 Extra‐territorial
Operation

• Section
3
gives
criminal
jurisdiction
to
the

courts
to
try
for
an
offence
committed
by
a

person
beyond
the
territory
of
India
provided

such
a
person
is
subject
to
the
Indian
law.


• For
instance,
if
a
soldier
in
the
Indian
Army

commits
a
murder
in
Nepal,
while
in
service,
he

is
liable
to
be
prosecuted
for
murder
in
India.

Extension
of
Code
to
extra‐
territorial
offences

•  The
provisions
of
this
Code
apply
also
to
any

offence
committed
by‐





(1)
any
citizen
of
India
in
any
place
without
and

beyond
India;





(2)
any
person
on
any
ship
or
aircraft
registered
in

India
wherever
it
may
be.





(3)
any
person
in
any
place
without
and
beyond

India
committing
offence
targeting
a
computer

resource
located
in
India.

 Explanation

•  In
this
section
the
word
“offence”
includes
every
act

committed
outside
[India]
which,
if
committed
in

[India],
would
be
punishable
under
this
Code.


•  The
expression
“computer
resource”
shall
have
the

meaning
assigned
to
it
in
clause
(k)
of
sub‐section
(1)

of
section
2
of
the
Information
Technology
Act,
2000

(21
of
2000).


•  Illustration:‐
A,
who
is
a
citizen
of
India,
commits
a

murder
in
Uganda.
He
can
be
tried
and
convicted
of

murder
in
any
place
in
India
in
which
he
may
be
found.

 Saving
Clause

•  Sec.5
–
Certain
laws
not
to
be
affected
by
this
Act.
–






Nothing
in
this
Act
shall
affect
the
provisions
of
any
Act

for
punishing
mutiny
and
desertion
of
officers,

soldiers,
sailors
or
airmen
in
the
service
of
the

Government
of
India
or
the
provisions
of
any
special
or

local
law.


It
excludes
the
operation
of
the
Penal
Code
in
those

cases
where
separate
provisions
have
been
made
by

any
special
or
local
law
to
deal
with
such
offences
as

mentioned
therein.