Select Location

Section 4 IPC

Section 4 IPC states the extended operation of the Code on the acts committed outside the territorial boundaries of India.

Section 4: the Extension of Code to extraterritorial offences. The provisions of this act apply to any offence committed by-

  1. Any citizen of India in any place without and beyond India

  2. Any person on any ship or aircraft registered in India wherever it may be.

  3. Any person in any place without and beyond India committing offence targeting a computer resource located in India.

Further, Sec 4 of IPC also provides an explanation for this section as, -

  • The word “offence” includes every act committed outside India which, if committed in India, would be punishable under this code;

  • The expression “computer resources” shall have the meaning assigned to in clause (k) of subsection (1) of the Information and Technology Act, 2000.

Section 4 IPC is the extended version of section 3. The sole basis of liability that lies with a person under section 4 Indian Penal Code is either that of citizenship or of the territory.
The section is equally applicable to the Indian citizen who commits any offence outside the boundaries or territory of India and also on the person, who commits it on the Indian territory.

 

Most Read: IPC Section 3

This section clearly talks about the extent and applicability of the act if the offences are committed outside the territorial limits of India. Clause 1 clearly makes any Indian citizen guilty of the offence that he has committed outside India and such person shall be punished with the prescribed punishment under the provisions of the Indian Penal Code.

Also, the provisions of this section will not be applicable to a person, if at the time of the commission of the offence he was not the citizen of India and he has acquired the status of Indian citizen after his migration to India.

For a better understanding of this sec 4 IPC, we can here give an example. Suppose, if a person ‘X’ is an Indian citizen and commits murder in any other foreign country, in that case, he is liable to be tried and convicted in lieu of the offence committed in any place in India wherever he may be found.

 The clauses provided extends the ambit of IPC 4. It could be therefore seen as:

According to section 4 (1) which states that the provisions of this act shall be applicable to the Indian citizens extends the operation of IPC.

Clause 2 extends the operation of this code by including the offences that are committed by any person on any ship or aircraft that is registered in India. It makes any person liable for the offence who commits it on any kind of ship or aircraft, that is registered in India.

The flag on the ship is the proof that the particular ship belongs to that particular country and the same is applicable in the case of aircraft.

Clause 2 provides the Indian Courts with the admiralty jurisdiction (govern the maritime offences). Also, it gives them the power to try offences committed on any ship or aircraft registered in India, wherever it might be.

If any foreigner has committed any crime outside the territory of India and then steps back to India,  he may be sent back to the country where he has committed the offence and shall be tried according to the laws in that particular country.

Thus, sec 4 Indian Penal Code defines the extraterritorial jurisdiction of the code and the powers with the Indian Courts.



Join Our Legal Community