Upgrad LLM

territorial jurisdiction and power

advocate

in one of recent cases 2 or 3 days ago kerala high court made a request to court of england, not to bury dead body of a woman who has been found dead in salisbury.she was a citizen of india.her relatives claim that she has been murdered by someone.but her husband who is residing in salisbury took initiative in burying her body at church in salisbury.my question is that how can kerala high court direct judiciary in salisbury to prevent from doing a legal burial of a dead body.how far the hands of indian judicial system can reach foreign countries as this request is not supported by any of the provisions relating to territorial jurisdiction of constituition.anybody pls answer?

 
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Advocate

The general principle of International Law is that every person be it citizen or foreigner who is found within a foreign State is subject to and is punishable by its law. But there is a well recognized exception to this such as section 3 and 4 of the IPC and 188 of the CrPc and chapter VIII of the CRPC. The Kerela High Court might have strong reasons to suspect an Indian Citizen involved in the murder and accordingly the direction might have been issued and I am of the view that it should have been respected. For details of your query see the case of : Ajay Aggarwal vs Union of India and Others: 1993 (002)- SCALE-0757 - SC:


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advocate

thnx

 
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Faculty

i do agree with Mr Assumi.


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