Extra Territorial Jurisdiction

Jurisdiction comprises of two words juris and dicer where juris means law and dicer means to speak. Jurisdiction is the authority conferred to legal institutions such as courts, government and political bodies to provide justice. Territorial jurisdiction is divided into intraterritorial and extraterritorial jurisdiction in India. Section 2 of the Indian Penal Code provides provisions for intraterritorial jurisdiction of Indian Courts. Sections 3 and 4 of the Indian Penal Code provide provisions for extraterritorial jurisdiction of Indian Courts.

SECTION 3: EXTRA TERRITORIAL JURISDICTION

Section 3 of the IPC states that if a person liable under Indian law commits an offence beyond India, the person can be tried under the Indian Penal Code in the same manner as if the act was committed in India.

Illustration: An Indian citizen goes to South Africa and commits a crime. Even if the laws of South Africa do not recognize the crime, the offender will be tried in India in the same manner as if the act of crime was committed in India. Before the modification of Section 497 of the Indian Penal Code in India to exclude adultery, if an Indian citizen was to travel to England to commit the offence of adulty, the person would have been tried in the same manner as if the act of adultery had been committed in India, even though adultery was only a civil offence in England.

SECTION 4: EXTENSION OF EXTRA TERRITORIAL JURISDICTION

Section 4 extends extra territorial jurisdiction to offences committed outside India on land, in water or in air. It can be applied in cases where an offence is committed:

• By any citizen of India

• Any person on a ship/aircraft registered in India

• Any person attacking a computer resource in India

Offences committed on land – When an offence is committed by an Indian citizen beyond India, the person can be tried and punished in India. This is based on the rule that the jurisdiction of any court over an offence of its citizens should not be limited by the consideration of the place of the offence. The same example of where an Indian citizen commits the crime of adultery in England prior to the exclusion of adultery in Section 497 of the Indian Penal Code can be referred to here and the Indian citizen could be tried and punished in India. It is not taken into consideration whether or not the offence is a crime in the country that was committed. As long as the person committing the crime is an Indian citizen at the time of commission of the crime, the person will be liable. If the person is not an Indian citizen, then Indian courts will not have jurisdiction of the crime committed in the foreign state even if the person attains Indian citizenship subsequent to the commission of the crime.

Offences committed in water – Section 4(2) concerns with crimes committed on ships which is known as admiralty jurisdiction. Admiralty jurisdiction is jurisdiction to try offences committed in high seas and in territorial waters relating to maritime property, affairs and transactions, civil as well as criminal. Section 4(2) concerns itself to cases where:Offences were committed on Indian ships in high seas – This is based on the principle that a ship is a floating island and is considered to be an extension of the nation whose flag it is carrying. Any person committing a crime onboard a ship carrying an Indian flag will subject to the Indian Penal Code.

Offences were committed on foreign ships in the territory of India – If the vessel has not been registered in India but the offence was committed within the territorial waters of India then the offender will be liable under IPC. In cases where an offence has been committed in high seas, outside the territorial waters of India and is not bearing an Indian flag, the Indian court will have no jurisdiction over the accused.

Offences were committed by pirates – Piracy is an act of theft or dacoity committed on a ship in the sea. Piracy is against the international law and a pirate is considered an enemy of mankind, punishable by all States.

Offences committed in air – All principles that apply to vessels at sea apply to vessels in air under the Indian Penal Code excluding high jacking which is an offence of international law. In the State of Maharashtra vs. Mayer Hans George 1965, a German national left for Zurich, Switzerland on a Swiss plane from Manila, India without declaring 34 kgs of gold. Though the accused pleaded ignorance, the Supreme Court of India held that ignorance of law is no excuse in such case and held the accused liable.

EXTRADITION

Extradition is the surrendering of one State to another, a person who is liable for a crime in the latter State. Extradition is usually carried out with the presence of international treaties or generally in accordance with the provisions of the Indian Extradition Act of 1962.

ENRICA LEXIE CASE 2012

In 2012, Italian marines on an Italian ship, Enrica Lexie fired at two Indian fishermen on an Indian boat, St. Anthony, 20.5 nautical miles from the Indian border. Under international law Indian jurisdiction applies up to 12 nautical miles from the border and beyond 12 nautical miles, international jurisdiction takes authority. However, India had passed a domestic act stating that India has jurisdiction up to the exclusive economic zone which goes up to 200 nautical miles from the border of India. Whereas India claimed jurisdiction over the offence committed, international bodies cited the international law. Ultimately, arbitration was conducted internationally and to maintain the friendly relations of India and Italy, the Italian marines were convicted but let free under diplomatic immunity.