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ritu bhadana (advocate)     22 November 2012

Meaning of without india

Explain the meaning of words used in section 4 of IPC "WITHOUT and beyond India" in specific as to what is meant by WITHOUT


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 2 Replies


(Guest)

clause (1) of the section 4 of the IPC reads as-

"Any citizen of India in any place without and beyond India"

My interpretation goes as follows:-

 

Here "without" means the act committed by any indian citizen elsewhere where the said act is not an offence in that place but is an offence in India, then,wherever the offender found in india,is liable to be punished by this code.

For example,Adultary is not an offensive act in England but is an offence under the IPC.

Here "beyond" means the act done by indian citizen outside the territory of India, is punishable in both place,i.e. the place where the said offence committed and in India as well.

1 Like

Sharmishta P Raj (nil)     28 February 2022

Section 4 in The Indian Penal Code talks about "Extension of Code to extra-territorial offenses."
The provisions of this Code apply to any offense committed by any Indian citizen outside and beyond India. It also applies to any person on any ship or aircraft registered in India, wherever it may be, or any person outside and beyond India who commits an offense against a computer resource located in India.
In this context, the term "beyond" refers to an act committed by an Indian citizen outside the territory of India, which is punishable in both places, i.e., the place where the offense was committed and in India. For example, murder, it is punishable worldwide.
And "without" suggests the act committed by any Indian citizen where it is is not an offense but is an offense in India. The offender is liable to be punished by this Code wherever the offender is found in India. For example, while marijuana use is not considered offensive in the United States, it is illegal in India.


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