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Sanjan Sanju   21 January 2021

indian penal code

“A” citizen of USA killed “B” citizen of UK in the Indian Air Plane which was stationed at London Air Port. Is this offence under Indian Penal Code? 


 7 Replies

Real Soul.... (LEGAL)     21 January 2021

No way,  the place of offence is UK, so Uk laws applicable, he will be arrested by UK police and will rot in UK jails.

Though in a case in 2012  two indian fishermen were killed by Itallian Marines in Kerala , and India lost jurisdiction becasue , it was  found that the immunities enjoyed by the marines as State officials operated as an exception to the jurisdiction of the Indian court.

Sanjan Sanju   21 January 2021

acc to sec 4.2 of ipc it is offence!

Real Soul.... (LEGAL)     21 January 2021

Obviously under any lawt it will be offence including india . Section 4 will be applicable subject to condition that the person is allowed to be tried in India. If he is arrested In UK and  their he will have to undergo punshiment.

Thoug hwhen the  plane reaches india an  FIR will  be registerd also against him on many counts

. that is going away now for consequences. 

Sanjan Sanju   21 January 2021

then it's offence under ipc?

175B083 Mahesh P S   23 January 2021


Yes he can be held guilty in India.

An Indian citizen is held liable for prosecution for anything done in foreign land if the act committed is an offence in India, although the same may not be an offence in the foreign country where it is committed. Likewise, a foreigner even if he had not been in India at the time the actual occurrence took place would be still liable if the act was completed in India. 

In the case of Mubarak Ali, the following things were held by Supreme Court:

  1. A foreigner who commits an offence within India is guilty and can be punished as such without any limitation as to his corporeal presence in India at the time. 
  2. Section 2, IPC applies to a foreigner who has committed an offence within India notwithstanding that he was corporeally present outside.
  3. Being a foreign national does not imply that the foreigner will not be liable for criminal acts in the country. In fact, nationality cannot be a limiting principle in respect of criminal jurisdiction which is primarily concerned with security of the state and of the citizens of the state.
    Thank you


Vineet Sharma   29 June 2023

Whether the offence committed by A, a citizen of the USA, in killing B, a citizen of the UK, in an Indian aircraft stationed at London Airport, would come under the Indian Penal Code (IPC) would depend on the following factors:

  • The location of the offence: The IPC only applies to offences committed within the territory of India. If the killing took place within the aircraft, which is considered to be Indian territory, then the offence would be covered by the IPC. However, if the killing took place outside the aircraft, then the offence would not be covered by the IPC.
  • The nationality of the accused: The IPC also applies to offences committed by foreigners within the territory of India. However, if the accused is a foreigner and the offence was committed outside the territory of India, then the IPC would not apply.
  • The nationality of the victim: The IPC does not apply to offences committed against foreigners outside the territory of India. Therefore, if the victim was a foreigner and the offence was committed outside the territory of India, then the IPC would not apply.

In the case you have mentioned, the location of the offence is within the aircraft, which is considered to be Indian territory. However, the nationality of both the accused and the victim is foreign. Therefore, it is not clear whether the offence would be covered by the IPC. This would depend on the specific facts of the case and the interpretation of the relevant provisions of the IPC.

It is important to note that this is just a general overview of the law and the specific facts of your case may vary. If you are facing criminal charges, it is important to seek legal advice from an experienced lawyer. (

Niharika Lohan   30 June 2023

Hi Sanjan Ji, I’m Adv. Niharika and here is my take on your query.

The offender and victim both are of different nationalities, by the virtue of which their countries (US & UK) get inherent jurisdiction to try the case. The offence took place at London, UK which also renders territorial jurisdiction to UK.

Coming to your question for IPC to apply,

  1. either the parties (offender / victim) ought to be an Indian citizen or
  2. the offence be committed on Indian land (territory) or
  3. the offence be committed by ANY PERSON (citizen is not mentioned here, thus it includes foreigners too) on any craft registered in India (aircraft / watercraft), no matter where it is at.(even outside India)

It is Sec.4 of IPC which deals with extra territorial jurisdiction of the Code.

Thus, the query mentioned is not only an offence but it is an offence which is triable in India by virtue of Sec. 4 IPC.

I hope this information helps and for further information, you can contact me via email at

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