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CompelledToLearnLaw (Financial Examiner)     05 October 2014

Jurisdiction of indian courts; crime committed overseas

Dear experts, about a year ago, a threat to life was made over a phone call from Canada to New Zealand. This conversation was recorded in a mobile phone in New Zealand. The person who was threatened was not a party in the conversation. The threatened person is an Indian citizen residing permanently in India and is currently in the possession of the aforementioned mobile phone. The person who made the threat is a Canadian citizen holding Overseas Citizenship of India.

 

My question is in regards to jurisdiction: based on this audio evidence, can the person who uttered the threat be tried in India under Sec 506 or others?(If he visits India)

 

Thanks for ur time and regards.



 11 Replies

Suri.Sravan Kumar (senior)     05 October 2014

A, a foreigner, abets a criminal act to be done in India. As the result of abetment of A, that criminal act is completed in India. Later A is found in India. Then the Indian courts have jurisdiction to try A and his accomplice. (Case-Law: Chhotalai 1912 14 Bom. LR 147)

1 Like

Sudhir Kumar (Retd Govt Officer)     05 October 2014

WHile agreeing with Mr S SHravan Kumar, I will add :-

 

In this case the Indian National has not done any crime abraod rather is victim of the thretening call in "X" country made by national of "Y" country.  These facts do not give any jurisdiction to Indian courts.

 

Jurisdction in India will rise only if any Indian National is instigating abetting this crime or threat received in India (does not matter nationality of offender)

1 Like

CompelledToLearnLaw (Financial Examiner)     05 October 2014

Thank u Sir S. Shravan Kumar, I appreciate ur hard work n charity. Blessed be u n ur family.

Regards 

CompelledToLearnLaw (Financial Examiner)     05 October 2014

Dear Sudhir Kumar ji, I was thinking earlier that u would be a good lawyer to have on my side. Thou has proved my suspicions right. 

 

Thank u and regards.

Ashok, Advocate (Lawyer at Delhi)     05 October 2014

The extra-territorial jurisdiction of Indian criminal laws is laid down in Section 4 of IPC, which is as under:

 

4. Extension of Code to extra-territorial offences.—The provisions of this Code apply also 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.

Explanation.—In this section—

(a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;

(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000).”

 

In the circumstances described by you, none of the aforesaid 3 conditions is satisfied. Therefore, Indian courts will not have jurisdiction over such offence.

 

 

1 Like

CompelledToLearnLaw (Financial Examiner)     05 October 2014

Thank you Sir. Ashok.  I hope u have the best Diwali ever.

Thank u.

 

I just want to add: no matter how much people complain about their lawyers' fees, there is a lot of hard work hidden behind their services. Thank youuuuuuuuuuuuuuuuuu.

 

Sudhir Kumar (Retd Govt Officer)     05 October 2014

Amr Ashok Aggrawal has quoted the most relevant section of IPC

1 Like

CompelledToLearnLaw (Financial Examiner)     05 October 2014

I sincerely thank every expert who has replied to my query. I especially thank Sudhir ji, who has taken the pain n the time to reply twice.

 

Guyssssssss, when u r sick, u pay the learned doctor the amount he asks. Please do not think a lawyer is a bad guy if he asks for money when u approach him for service.

 

I realized today, they r not bad at all.

 

Regards n thanksssssssssssssssssssss to the expertsssssssssssssss here who give their timeeeeeeeee to usssssssssssssssssss. Thankkkkkkkkkkkkkkkkkkkkkk youuuuuuuuuuuuuuu.

Sudhir Kumar (Retd Govt Officer)     05 October 2014

 I am thankful for the appreciation.  Due to devotion of time to LCI, even my wife has sought advise against me from LCI.  Thous she is happy with the PUNYA I am earning.

1 Like

CompelledToLearnLaw (Financial Examiner)     06 October 2014

Dear Sudhir ji, please thank your wife too, on our behalf, for her sacrifice. Charity is the second nature of virtuous people.

 

 

If your wife wants you to make more money, please do listen to her but please do not stop your pro bono work online: we will still appreciate you even if you can only donate 5 to 10 percent of your professional time. Thanks.

CompelledToLearnLaw (Financial Examiner)     06 October 2014

I would like to invite our other learned members to share their knowledge concerning this query. Your inputs will be invaluable.

 

-Regards


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