EXTRA TERRITORIAL OFFENCE
Can an offence committed outside India be tried in India under Indian Criminal Law i.e., Indian Penal Code, 1860 and Code of Criminal Procedure, 1973? Explain in the light of relevant case laws and relevant provisions.
There are hundreds of countries in the whole world and every country has its own laws which are to some considerable extent different from the laws of another countries. But the basic aim of every country is to punish the accused and provide justice to the victim. That is why one law is common among all the countries and according to this law if a citizen of one country commits an offence in another country, then in such a case the former country will try the offender as if he has committed the offence in that country.
Section 3 and 4 of Indian Penal Code, 1860, and section 188 of Code of Criminal Procedure, 1973, deals with the provisions of inter- country offences. According to section 3 of Indian Penal Code, 1860, if any person who is resident of India commits any offence beyond India, then he can be tried in India as if he has committed an offence in India.
Moreover, according to section 4 of Indian Penal Code, 1860, if any citizen of India commits an offence beyond India or any person not a citizen of India commits any offence on a ship or aircraft registered in India or targeting a computer resource located in India, then in such a case, he will be tried in India as if he has committed such offence in the territory of India.
In the leading case of Rao Shiv Bahadur Singh v. State of Vindhya Pradesh (SC 1955), the Hon’ble Apex Court stated that the main aim of every country’s legal system is to punish the offender. So, if any person after committing an offence in another country comes back into his own country, then he can be tried in his own country as if he has committed an offence in his own country.
According to section 188 of Code of Criminal Procedure, 1973, if a person commits an offence in foreign country and after committing a crime he comes back into his own country, then in such a case, he can be tried in his own country at that place where he is found by the authorities.
For example: – A, citizen of India commits Rape in Nepal and after committing rape he comes back into India and arrested by the Indian Police in Kanpur, then in such a case, he will be tried for the offence of rape in Kanpur.
In the leading case of Thota Venkateshwatlu v. Government of Andhra Pradesh (SC 2011), the Hon’ble Apex Court held that if an offender commits an offence in foreign country and after committing the offence an offender comes back into his own country, then the offender can be tried at that place where he is found but he can be tried only after taking permission from the Central government.