Legal Provisions of Section 3 of Indian Penal Code, 1860.
Punishment of offences committed beyond, but which by law may be tried within, India:
This section along with section 4 deals with the extra-territorial jurisdiction of the Indian Penal Code.
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By any Indian Law
The expression ‘by any Indian law’ restricts the operation of the section to the cases specified in the Extradition Act, 1962 and sections 188 and 189 of the Code of Criminal Procedure, 1973.
Section 34 of the Extradition Act, 1962 states that an ‘extradition offence’ committed by any person in a foreign State shall be deemed to have been committed in India and such person shall be liable to be prosecuted in India for such offence ‘Extradition offence’ vide section 2(c) of the Act means (i) in relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State; (ii) in relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a ‘composite offence’. ‘Composite offence’ vide section 2(a) of the Act means an act or conduct of a person occurred, wholly or in part, in a foreign State or in India but its effects or intended effects, taken as a whole, would constitute an extradition offence in India or in a foreign State, as the case may be. ‘Fugitive criminal’ vide section 2(f) of the Act means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign Stale and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State. Section 188 of the Code of Criminal Procedure, 1973 states that when an offence is committed outside India (a) by a citizen of India, whether on the high seas or elsewhere, or (b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found provided that, notwithstanding anything in the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. Section 189 of the Code of Criminal Procedure, 1973 states that when any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before diplomatic or consular representative of India in or for that territory shall be received as evidence by the court holding such inquiry or trial in any case in which such court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.
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If any person commits any offence beyond India for which he is liable by any Indian law, the matter will be taken care of according to the provisions of this Code on the same lines as if the offence would have been committed within India. For example, if an Indian commits the offence of adultery in England, which is not an offence in that country, he may be prosecuted in India because the act is an offence in India.
In Samarudeen v. Assistant Director of Enforcement, Trivandrum, the Kerela High Court ruled that the petition seeking direction to the police for investigating an offence committed outside India is not maintainable as the cause of action arose outside the territorial limits of India.
