Chapter I: Introduction (Section 1 – 5)

Preamble

WHEREAS it is expedient to provide a general Penal Code for India; It is enacted as follows:—


Section 1: Title and extent of operation of the Code.—

This Act shall be called the Indian Penal Code, and shall extend to the whole of India except the State of Jammu and Kashmir.


Section 2: Punishment of offences committed within India.—

Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.


Section 3: Punishment of offences committed beyond, but which by law may be tried within, India.—

Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.


Section 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;

  1. 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—

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

  1. 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);


Section 5: Certain laws not to be affected by this Act.—

Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.


IMPORTANT CASE LAWS

1. Jurisdiction of the Indian Penal Code

Central Bank of India v. Ram Narain, AIR 1955 SC 36 :

4. The sole question for determination in the appeal is whether on a true construction of Section 188 of the Criminal Procedure Code, and Section 4 of the Indian Penal Code, the East Punjab Government had power to grant sanction for the prosecution of Ram Narain for offences committed in Pakistan before his migration to India.

13. ………. we are of the opinion that the decision of the High Court that Ram Narain could not be tried in any court in India for offences committed in Mailsi in November 1947, is right and that the Provincial Government had no power under Section 188 of the Criminal Procedure Code, to accord sanction to his prosecution.”

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