IPC SECTION 3

0
5

IPC SECTION 3 OF 1860 outlines the rules for punishing crimes that were committed outside of India but could still be punished there.

Section 3 of the Indian Penal Code (IPC) provides that any person who is required to be tried under any Indian law for an offense committed outside of India must be dealt with in accordance with the provisions of this Code for any act committed outside of India in the same way as if it had been committed inside India.

In accordance with Section 3 of the Indian Penal Code, a person who is subject to Indian law but who commits an offense outside of Indian territory can be tried in a criminal court.

Say, for instance-

  1. If an Indian Army soldier kills someone in Nepal while serving there, he will be prosecuted for the crime in India in accordance with Indian law and subject to the appropriate punishment.
  2. When adultery was regarded as an offense in India, it was also regarded as such in other nations where it is not, therefore if an Indian committed adultery in one of those nations, he may have been prosecuted there.

However, following a recent ruling in cases involving adultery, it is no longer regarded as a crime in India and has been decriminalized as a result.

In accordance with Section 3 of the Indian Penal Code, the person will be prosecuted for the offense exactly as if it had occurred on Indian soil.

The extraterritorial application and jurisdiction of Indian criminal law are provided by this section, but only in the event that all applicable conditions are met.

The phrase “any person liable by any Indian law” is the main component—or, as we might alternatively put it, a key element—of this provision. This clearly emphasizes that the clause only applies where an Indian law specifies that an act has been performed outside of India and is in conditions where it should be handled in accordance with that specific law in India.

The act that the person commits must be of a kind that makes him liable under the terms of this section, though, in order for this section to be applicable.

Section 4 of the Indian Penal Code, which broadens the scope of the Code’s extraterritorial jurisdiction, should also be studied for a quick and clear understanding. The actions that can be taken against a person who has committed an offense outside of Indian territory are explicitly laid forth in both sections IPC 3 and section 4 of the law.

LEAVE A REPLY

Please enter your comment!
Please enter your name here