Can You Be Charged In India For A Crime Committed In Another Country?
Normally, if a crime has been committed, the case could be filed where the victim of the accused lives or the place where such crime took place. However, where to file a case if the crime has been committed outside the country. In such a situation where shall the victim address his grief. The following article deals with the situations where the crime has been committed outside the country, or has been committed by an Indian national. If you face such a situation, it is advised to seek legal advice from an experienced criminal lawyer in Delhi, so as to have a better understanding of the legal provisions involved.
Section 188 of the Code of Criminal Procedure, provides that the Indian Courts can deal with an offence committed outside the country, if the offence has been committed-
- By an Indian citizen on the high seas or somewhere else.
- By any person on the ship or aircraft registered in India, shall be dealt as if the crime is committed in India.
Indian Penal Code (Section 3) states that-
- For an offence committed outside India, shall be dealt with in accordance to the provisions provided by the Code in a manner which is similar to had the crime been committed within India.
Indian Penal Code (Section 4) states that-
- The provision of the CrPC shall be applied to any offence which has been committed by-
- Any citizen of India outside India.
- Any person on a ship or an aircraft which was registered in India, no matter where the ship or the aircraft was at the time of the crime.
- Any person beyond India, who committed the offence targeting a computer resource located in India
- Here, the word “offence” means any act which was committed outside India, which, had it been committed in India, shall be punishable under the provisions of the country.
- Also, the expression “computer resource” in this section shall have the similar meaning of clause (k) of Section 2(1) of the Information Technology Act, 2000.
- Example- A citizen of India “X”, commits a murder in the country of Uganda, he could be tried and convicted of committing the murder in any place in India, where he is found.
It could be understood from the above-mentioned discussion that a person liable by the Indian Law could be tried for an offence committed outside India, shall be dealt with in accordance with the provisions of the Code. Hence, the citizens of the country could be tried for any offence committed within or outside the country. To better understand the legal provisions involved, it is advised to seek legal opinion of an experienced criminal lawyer in Kolkata or a criminal lawyer in Pune, or in any other city where you stay.
Judicial Decisions-
- In the case of Fatma Bibi Ahmed Patel v State of Gujarat, AIR 2008 SC, it was held by the Supreme Court that all laws made by the Parliament are applicable within the country. Generally, therefore, the persons who committed a crime in the country can be tried in the place where the crime has been committed. However, the provisions of Section 4 of the IPC provide that the scope of applicability of the territorial jurisdiction of the court of India to try a case has been extended, in the situation where the crime has been committed outside the geographical limits. Parliament may enact a law where the territorial application has been extended, but it must be applied in accordance with the requirements provided by the law.
- In the case of Om Hemrajani v State of Uttar Pradesh, AIR 2005 SC, the court observed that, the Section 188 of the CrPC, deems that the offence to be committed where the accused may be found, hence the case shall be heard in the court, where the accused was found.
Conclusion
It could be inferred that the crime committed by an Indian could be heard in the courts in India, and also if the crime has been committed by a person who is not a citizen of the country, however the crime was committed on a ship or aircraft registered in India, such a crime could also be heard by the courts in India. If you are facing an issue similar to it, you can approach us at Lead India for any legal query or assistance.
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