The Indian Penal Code, 1860 is one of the most comprehensive penal code anywhere in the world as it came into force on 1st January 1862 where it is a territorial law. It extends to the whole of India except the State of Jammu and Kashmir.
What is the territorial jurisdiction of Indian Penal Code?
Intra-territorial jurisdiction deals with crimes committed within the territory of India, while extra-territorial jurisdiction deals with crimes committed beyond the territory of India. The Criminal Courts can exercise their powers within these jurisdictions only.
What is territorial jurisdiction in India?
Territorial jurisdiction refers to power of the court to inquire and proceed with the trial of matter that is presented before it.
What is the territorial extent of IPC?
This Act shall be called the Indian Penal Code, and it is applicable to the whole of India except the State of Jammu and Kashmir. The Indian Penal Code is applicable to the whole of India. Due to the abrogation of article 370 of the Constitution of India, it is also applicable to the State of Jammu and Kashmir.
What is the admiralty jurisdiction of the Indian Penal Code?
The jurisdiction to try offences committed on the high seas is known as admiralty jurisdiction. It is based on the principle that a ship on the high seas is a floating island belonging to the nation whose flag it is flying. It extends over: Offences committed on Indian Ships on the high seas.
What is application of the Indian Penal Code 1860?
Title and extent of operation of the Code. Section 2. Punishment of offences committed within India.
|Short Title:||The Indian Penal Code, 1860|
|Long Title:||It is expedient to provide a general Penal Code for india|
|Ministry:||Ministry of Home Affairs|
|Department:||Department of Internal Security|
What is territorial jurisdiction of the state?
Territorial Jurisdiction of the States. … It is the authority of the State over persons, property and events which are primarily within its territories. State Authority has the power to prescribe, enforce and adjudicate the Rules of Law.
What intra territorial?
1. Within the territory or a territory. Webster’s Revised Unabridged Dictionary, published 1913 by G.
What is right to territorial jurisdiction?
Extraterritorial jurisdiction is the situation when a state extends its legal power beyond its territorial boundaries. Within these parameters some human rights treaty bodies recommend that home States take steps to prevent abuse abroad by business enterprises within their jurisdiction. …
What are the 4 types of jurisdiction?
There are four main types of jurisdiction (arranged from greatest Air Force authority to least): (1) exclusive federal jurisdiction; (2) concurrent federal jurisdic- tion; (3) partial federal jurisdiction; and (4) proprietary jurisdiction.
What Crpc 188?
188. Disobedience to order duly promulgated by public servant. … Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street.
What is the section 4 of IPC?
Section 4 IPC states the extended operation of the Code on the acts committed outside the territorial boundaries of India. Any person on any ship or aircraft registered in India wherever it may be. Any person in any place without and beyond India committing offence targeting a computer resource located in India.
What are the exceptions to the application of intra territorial jurisdiction of IPC?
Exceptions to the intra-territorial jurisdiction
Such persons are: Foreign sovereigns- A supreme ruler or monarch cannot be punished under this code. He is completely exempted as he is the highest authority of his nation. He is completely independent and the dignity of his country lies on his shoulders.
What are the provisions under IPC regarding extra territorial jurisdiction?
Section 3 and 4 of the Indian penal Code confers the extra territorial jurisdiction to the court. A crime is said to be extra territorial when it is trialed in a country other than the one in which it was committed. For example a person who is a citizen of India, commits a murder in the USA.
What is admiralty law in India?
The Admiralty Act aligns Indian laws with the International Conventions for Arrest of Ships, 1952 and 1999 as well as the International Convention on Maritime Liens, 1993; and provides for the adjudication of identified maritime claims, provision of security for such claims, arrest of vessels, and so on.
Which provision is inserted in Indian Penal Code to extend the extra territorial jurisdiction to investigate the cyber crimes?
Apart of IT Act 2000, there are other relevant legislation under Indian laws that gives the authority to India Courts to adjudicate the matters related to cyber-crimes such as: Sec 3 and 4 of Indian penal code 1882 also deals with the extra territorial jurisdiction of Indian courts.