Theoretical overview
The Indian penal code of 1860 was drafted by Thomas Babington Macaulay which came into effect on Jan 1,1862 by the resolution 45 of 1860. As per the initial draft, it extends to whole of India except Jammu and Kashmir but it is after oct 2019 that it became operational in Jammu and Kashmir as they were now a union territory of India.
It contains 23 chapters and 511 sections which defined various kinds of punishment for various offences. IPC is the law of the land defining the offences which are against the human. Before Indian penal code, Mohammedan law was applied to both Mohammedans and Hindu in India. Section 1-5 of IPC states the territorial extent and operation of the act on Indian soil.
Moreover, section 3 and 4 of IPC must be read together to better understand the operation of the act for the offences committed beyond Indian territory but can be tried within India.
The code shall apply to: –
- Any citizen of India in any place without and beyond India
- Any person or any ship or aircraft registered in India
- If any source is targeting a computer resource located in India
The point which should be noted here is that the word offence used in section 4 of IPC means every act committed outside India
Also, section 5 of the same tell states the exception to the its applicability. It states that, if there are any other laws existing which already have the provision regarding issues related to certain authority will affect its applicability on them. These issues include desertion of officers, soldiers, sailors or the airmen.
Relevant sections
- Section 3 of IPC – punishment for offences committed beyond, but which by law ma be tried within India. It will be tried in the same manner as if such act had been committed within India.
- Section 4 of IPC – extension of code to extra territorial offences. The code applies on: –
- Any citizen of India in any place without and beyond India
- Any person or any ship or aircraft registered in India
- If any source is targeting a computer resource located in India
- Section 5 of IPC – exception to the applicability of the act.
Relevant case laws
State of Maharashtra vs. M.H. George (AIR 1965 SC 722), it was held that the foreigner who enters India by accepting the allegiance of Indian laws is also liable for punishment in case an offence is committed under the code and that he cannot take a plea of “ignorance of the law”.
Points to remember
- The Indian penal code of 1860 was drafted by Thomas Babington Macaulay
- It came into effect on Jan 1,1862 by the resolution 45 of 1860
- It contains 23 chapters and 511 sections which defined various kinds of punishment for various offences.
- Section 1-5 of IPC states the territorial extent and operation of the act on Indian soil.
- Section 3 and 4 of IPC must be read together to better understand the operation of the act
- Section 5 of the same tell states the exception to the its applicability