Kritika Srivastava, a third-year student at Fairfield Institute of Management and Technology, New Delhi has written this Article on “Section 1 to 5 of IPC”.
Introduction
India’s primary criminal code is the Indian Penal Code (IPC), which dates back to 1860. It is a thorough code that addresses all critical areas of criminal law. On the advice of the first law commission of India, which was founded in 1834 Indian Penal Code was written. In Addition, it was presided over by Lord Macaulay.
The code came into force on January 1st, 1860 only after undergoing many revisions and amendments by Barnes Peacock. However, Barnes Peacock would go on to serve as the first Chief Justice of the Calcutta High Court.
The Republic of India’s official criminal code is the Indian Penal Code. It is a comprehensive code that aims to address every aspect of criminal law.
Section 1
According to section 1 of the Indian Penal Code, 1860 it “extends to the whole of India, except the state of Jammu and Kashmir”.
As in whole India, IPC is applicable, in same way, Ranbir Penal Code is applicable to the state of J&K. Sec 1 IPC, clearly declares the name of the act and its operation throughout the territory of India.
In this section, the territory of India consists of the territories of the States, Union Territories as specified in the First Schedule, and other acquired territories.
Jurisdiction
The term “jurisdiction” refers to the judicial, legislative, and administrative authority of a state. Also, it is a component of state sovereignty. Hence, the ability or authority of a court to hear, decide, and exercise any judicial power in regard to a case by taking cognizance of the things brought before the court is known as jurisdiction. There are two categories of court jurisdiction:
- Inherent Jurisdiction: In this instance, the court lacks the authority to hear the case;
- Local Jurisdiction: This term refers to the area within which a court may exercise its authority.
The Latin words “Juris” and “dicere” are the origin of the word jurisdiction. ‘Juris’ is Latin for ‘law’ and ‘dicere’ is Latin for ‘to talk.
To administer justice within a certain area of power, a legal body must be granted jurisdiction, which refers to practical authority or dominion. Moreover, a court, a political or administrative entity, or a law enforcement agency are all considered legal bodies. Jurisdiction is a legal authority’s boundary to handle lawsuits and appeals.
Developers developed the idea of jurisdiction to ensure that courts hear only those cases that fall within their legal authority. In addition, covering both geographical and financial boundaries.
Section 2 Intra-territorial Jurisdiction
Section 2 covers the punishment of offenses committed within India. Also, the Code holds accountable anyone who violates its rules through actions or inactions. Moreover, this Code holds a person liable for unlawful acts or omissions committed within India. This refers to a State’s maritime territory.
In Emp. V. Kastya Rama[1], a case determined by the Bombay High Court, the accused sailed into the sea within three miles of the coast and took a number of fishing stakes that belonged to the complainant. According to the ruling, the offense amounted to mischief, the local criminal court had jurisdiction over the perpetrators, and Section 2 of the Code held everyone accountable for their crimes regardless of rank, nationality, caste, or faith.
Every Person is mentioned in Section 2: The IPC’s primary purpose is to punish crimes committed by natural individuals. According to Section 2 of the Code, “every person” who commits an offense on Indian soil is subject to its jurisdiction, regardless of caste, creed, nationality, religion, status, or sex.
In Schooner Exchange v. M. Faddon[2], Chief Justice Marshall made the following observation: One Sovereign, being bound by the obligations of the highest character not to degrade the dignity of his nation by placing himself or its sovereign rights within the jurisdiction of another, can be presumed to enter a foreign territory only under an express license or in confidence that the immunities belonging to his independent sovereign nation, though not expressly stipulated, will be respected.
UNO officials and representatives of its institutions:
The UN is an intergovernmental body. In every nation, it has branches and allied institutions. The organization’s officers and institution are immune from criminal court jurisdiction during their official duties.
Ambassadors
In accordance with the laws of international law, an ambassador is not subject to punishment under the code. The Indian Criminal Courts have no authority over ambassadors. The State or Sovereign they represent enjoys the same immunity as them. They both benefit from immunity.
Foreign adversaries
Indian criminal courts are unable to bring charges against foreign adversaries’ military personnel for their war crimes. However, a non-war crime, such as theft or fraud, committed by an enemy alien would be treated as a regular criminal by the court. In addition, Any acts of war will be subject to the application of martial law.
Foreign Army
Foreign armed forces are immune from a state’s legal authority if they are present on its territory with the state’s consent.
Warships
A state’s warships enjoy immunity from the jurisdiction of other states while navigating in international waters. This complies with international legal principles. However, a State or country may waive this immunity.
Section 3 Extra-Territorial Operation of The Code
Sections 3 and 4 relate to the extraterritorial operation of the code. As previously stated, the offense can only hold individuals accountable under Section 2 if it is committed on Indian soil. Section 4 of the Code allows Indian courts to try some individuals listed, even if they committed crimes outside India.
Sections 3 and 4 lay down that an offense committed outside India may be tried as an offense committed in India in the following three causes, namely when an offense is 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;
- Any person in any place without and beyond India committing an offense targeting a computer resource located in India.
Extra-Territorial Operation of The Code
Extraterritorial jurisdiction enables a court to enforce its jurisdiction over a state’s inhabitants even though the offense or crimes they have committed are outside the state’s territorial and jurisdictional boundaries. Section 3 allows for the punishment of crimes committed outside of India but permitted by law to be punished within its jurisdiction. Any individual who is required by any Indian law to stand trial for an offense committed outside of India must be dealt with in accordance with the provisions of this Code in the same way as if the act had been done inside of India. Whether or not the person is an Indian citizen is irrelevant.
In the case of Kari Singh v. Emporer[3], it was determined that two requirements must be met before a person can be tried under section 3 of the IPC.
- If the same crime had been committed in India, it would have been punished under the Indian Penal Code.
- According to some Indian law, the defendant may be tried in India for that offense.
Section 4
According to Section 4, Extension of Code to extra-territorial offenses- The provisions of this Code apply also to any offense 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 an offense targetting a computer resource located in India.
Grounds for Person’s Responsibility
Section 4 of the Indian Penal Code holds individuals responsible based solely on their citizenship or territory.
Both Indian citizens who conduct crimes outside of Indian territory or borders and those who do so on Indian soil are subject to the provisions of this section.
- Any Indian citizen who commits an offense outside of India is plainly guilty of doing so, according to clause 1, and must receive the punishment specified by the Indian Penal Code.
If a person was not an Indian citizen at the time the offense was committed but later attained Indian citizenship as a result of migrating to India, the terms of this section will not apply to them.
- Clause 2 expands the Code’s reach by including offenses committed on any ship or aircraft registered in India, by any individual. Any person who commits a crime on a ship or aircraft registered in India is accountable for the crime.
A ship’s flag is proof of its registration in a specific country, and the same applies to airplanes. Additionally, Clause 2 grants admiralty jurisdiction to the Indian Courts to oversee marine offenses. It also gives them jurisdiction to prosecute crimes committed on any Indian-registered ship or aircraft, regardless of location.
Any foreigner who has committed a crime outside of Indian territory and subsequently enters Indian territory may be expelled from India and tried in accordance with the laws of the nation in which the crime was committed.
Section 5
Section 5 of the IPC specifies that certain offenses are subject to special provisions of local or special law instead of the IPC.
Certain laws not to be impacted 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 legislation.
This means that the Army Act 1950, the Navy Act 1957, and the Indian Air Force Act 1950, respectively, would each govern the crimes of mutiny and desertion committed by officers of the Army, Navy, or Air Force while serving the Government of India.
Additionally, any specific provisions created by local or special legislation for any offense will take precedence over IPC rules in the context of such offenses only.
The Latin phrase generalia, which specializes in non-derogatory, which indicates that general phrases do not invalidate special laws, provided the basis for the exception created by section 5.
Section 41 of the act defines “special law” as “a law applicable to a particular subject”. Whereas, section 42 defines “local law” as “a law applicable to a particular region of India.”
In the event of a dispute, local/special legislation will take precedence over IPC. If there is no contradiction, they can read hand in hand.
Conclusion
“Jurisdiction” refers to a court’s authority over cases, appeals, procedures, and orders within its boundaries. With the intention of ensuring that the court of law could only attempt and settle cases falling within its geographic and financial purview, the idea of jurisdiction was introduced. Criminal laws are laws that are extremely significant when dealing with people in both the public and private spheres. In order to accomplish this goal, the Indian Penal Code was enacted, and it affects both Indian and foreign nationals. Its territorial reach can be internal or external. This act also allows for the prosecution of offenses committed at sea.
[1] (1871) 8 Bom H.C.R. 63
[2] (1812) 7 Cranch 116
[3] (1921) ILR 40 Cal 433
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