called the Indian Penal Code, and shall 3*[extend to the whole of Punishment of offences committed beyond, but which by law may be tried within, India. 3. GOVERNMENT OF INDIA, MINISTRY OF LAW. Page 2. Page 3. Page 4. Page 5. Page 6. Page 7. Page 8. Page 9. Page Page Page Page Full text containing the act, Indian Penal Code, , with all the sections, schedules, short title, enactment date, and footnotes.
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Long Title: It is expedient to provide a general Penal Code for india Punishment of offences committed beyond, but which by law may be tried. This Act shall be called the Indian Penal Code, and shall 1[extend to the whole Any person liable, by any 1(Indian law) to be tried for an offence committed. This Act shall be called the Indian Penal Code, and shall 3*[extend to the whole of. India 4*[except the State of Jammu and Kashmir]]. 2. Punishment of offences.
The section asserts the principle of criminal liability on the basis of the locality and place of the offence committed. Criminal jurisdiction depends upon the locality of the offence committed, and not upon the nationality or locality of offender. The territory of India for the purposes of application of its law would comprise not only its land, its internal waters, such as rivers, lakes and canals, also portion of sea lying along and washing its coast, commonly called maritime territory.
The territorial waters of India extend into the sea to a distance of twelve maritime miles from the appropriate base line. The territory of a State also includes its ships, aircrafts, whether armed or unarmed, and the private ships of its subjects on the high seas or in foreign tidal waters, and foreign private ships while within its ports.
Corporations are indictable for offences of quasi-criminal nature, such as non-repair of the highway, bridges, nuisance, trespass, forgery, etc.
But a corporation would not be criminally liable for offences such as murder, robbery, offences against the state, punishment prescribed by law. A Foreigner, who enters in India, by accepting the allegiance and protection of Indian laws, is as much liable for committing an offence under the code as a resident is.
A Foreigner, can neither take the plea of ignorance of the law, nor that He was unaware of the criminal nature of act in question since it was not an offence in his country.
Thus a foreigner who initiates an offence outside India that takes effect on Indian Territory is liable under the Indian penal code.
It refers to offences committed by anyone. The code declared that every person shall be liable to punishment under the Code for every act or omission. For instance, the law provides immunity from criminal prosecution to high dignitaries, the heads of foreign governments, ambassadors, diplomatic agents, consuls. Territorial Waters Jurisdiction: It is universally recognized that every State has jurisdiction over the waters adjacent to its land-boundaries called the maritime belt or territorial waters.
Thus a person may be held liable under the penal code for committing offences beyond the territory of India.
Indian Penal Code, 1860
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. Clause 3 has been added in section 4 of the penal code by the Information Technology amendment act, with a view to make offences targeting a computers resource located in India from aboard punishable under the Indian penal Code.
A person committing a crime on board, whether an Indian citizen or foreigner , is amenable to the Indian courts, if the vessel is flying an Indian flag and is registered in India.
Pakistani citizen, while staying at Karachi, made false representations to the complainant at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five and half lakh to the agents of the accused at Bombay, so that rice could be shipped from Karachi to India as per agreement. But the rice was never supplied. The accused was arrested, while he was in England, and brought to 8 Bombay as a result of extradition proceedings, where he was prosecuted and convicted under section read with section of the Penal Code for cheating that have occurred in Bombay by the Trial Court.
His conviction was confirmed by the high court. The plane arrived in Bombay on the 28th but the respondent did not come out of the plane. The Customs Authorities examined the manifest of the aircraft to see if any gold was consigned by any passenger, and not finding any entry they entered the plane, searched the respondent, recovered the gold and charged him with an offence under ss. The respondent was convicted by the Magistrate, but acquitted by the High Court on appeal. In the appeal by the State to the Supreme Court, the respondent sought to support the judgment of the High Court by contending that Mens rea was an essential ingredient of the offence charged and as, it was not disputed by the prosecution that the respondent was not aware of the notification of the Reserve Bank, he could not be found guilty.
From , the Supreme Court ordered the respondents to block these advertisements several times. Appellant Fatima bibi was a citizen of mauritius and her son and daughter-in-law were residing at kuwait. Appellant had been visiting India on Visas and staying in the India with her relative in Gujarat.
It is possible to give the section a construction which is not inconsistent with the English statute but in any case it could not assume that the Indian Legislature had jurisdiction in the 5 www.
Besides, as a matter of construction60 the provisions of the Penal Code should be applied to the exclusion of any other law in the cases of citizens of India wherever they may be and the high seas are not to be differentiated from any other part of the world outside India.
For the death of a passenger caused by a collision that took place within three miles of the British Coast. The high court dismissed the case on the ground that although the exercise by the state, jurisdiction over the marine league was evidenced by the practice of nations and by the statements of writers of authority, parliament had not yet actually extended the criminal jurisdiction of the courts over the territorial waters in question.
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However, consequent on the decision in R. Participants in the Network have committed to make their best efforts to ensure that Internet Service Providers freeze the information sought by a requesting Participant as quickly as possible.
Participants have further committed to make their best efforts to produce information expeditiously. It has further empowered to issue guidelines, advisories, vulnerabilities, notes and white papers relating to information security practices, procedures, prevention, response and reporting of cyber incidents.
However, some important case laws have been pronounced by Indian courts. Section 65B deals with the admissibility of the electronic record.
The purpose of these provisions is to sanctify secondary evidence in electronic form, generated by a computer.
It may be noted that the Section starts with a non obstante clause. Thus, notwithstanding anything contained in the Evidence Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document only if the conditions mentioned under sub-Section 2 are satisfied, without further proof or production of the original.
Indian Penal Code
The very admissibility of such a document, i. The law permits such evidence to be given in the circumstances mentioned in the relevant provisions, namely, Ss.
Further, the Supreme Court of India in K. Velusamy vs. Palanisamy 11 S. Calls purely for the reason of getting the police to the scene of crime do not necessarily constitute the FIR. In the present case, the phone calls were vague and therefore could not be registered as the FIR.Seizure or attachment of property 1 Where any officer conducting an inquiry or investigation under section D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
You pay me for the hard work I have done. Whoever, voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment of life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Ministry of Home Affairs, Government of India. Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or Keep Reading….
The Code came into operation on 1 January If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. Criminal jurisdiction depends upon the locality of the offence committed, and not upon the nationality or locality of offender.
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