In this section, we will be focusing on section 1 and section 2 of the Indian Penal Code.
Section 1 -Title and extent of the operation of the Code
Section 1 IPC 1860. According to the laws, this act shall be called the Indian Penal Code and shall extend to the whole of India except the State of Jammu and Kashmir.
As in whole of India, IPC is applicable, in the same way, Ranbir Penal Code is applicable to the state of Jammu and Kashmir. Sec 1 IPC, clearly declares the name of the act and its operation throughout the territory of India.
According to the principles of Criminal Jurisprudence, While dealing with Sec 1 Indian Penal Code, it is clear that the power of exercising criminal jurisdiction completely depends upon the place of the offence and not on the place of domicile(the place from where a person originally belongs), or his nationality.
For invoking the provisions of the IPC, it must be established that the offence was committed within the territory of India, for which the accused is charged. The territory of India as specified under IPC 1 not only includes the land, internal waters ( including rivers, lakes, canals), but also the portions that are lying along its coast. These zones generally are known as the Maritime Zones.
The Maritimes Zones of the India Act 1981, provides for a 24-mile contiguous zone, a 200-mile exclusive economic zone and a continental shelf up to the continental margin or 200 nautical miles, whichever is greater.
Section 2- Punishment of offences committed within India
Section 2 IPC clearly states that” Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be held guilty within India.
Explanation- According to Sec 2 IPC, ‘every person’, irrespective of his nationality, caste, color, status or creed shall be held liable if he commits any offence within the territory of India.
The term ‘every person’ as mentioned in Sec 2 Indian Penal Code has a wider ambit as compared to the term ‘ not only citizens’. This term also includes the Indian citizens as well as the foreign nationals. The act also is also applicable to any association or a body of persons whether it is incorporated or not.
Every person as stated under IPC 2 inclusive of the foreign nationals shall be equally liable for punishment as per the provisions of the act if they commit any offence in India. The law states that a foreigner can neither take the plea of ignorance of the law, nor he can state that he was not aware with the laws and the nature of such crime in India, stating that such an act is not considered a criminal offence in his country.
As mentioned in Section 1 Indian Penal Code, the criminal liability for any crime arises on the basis of the country in which the offence has been committed, and not on the laws applicable in the country of the person committing it.
More to this, every time the corporeal (physical) presence of a person is not required to commit an offence. The Act enables to hold an accused liable for committing a crime if it is found that he was by any means involved in the commission of that particular crime.