IPC Section 1 | Title and extent of operation of the Code | Extent and operation of IPC.
[See : Section 1 IPC]
IPC Section 1 in simple term
This Act shall be called Indian Penal Code
This Act extends to whole of India
The words “except the State of Jammu and Kashmir” appearing in this section were omitted by Criminal Amendment Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
Extent and operation of IPC at present
Thus at present, this Act i.e. Indian Penal Code 1860 extends to the whole of India.
This code was earlier excluded extension to state of Jammu and Kashmir. In the state of Jammu and Kashmir, Ranbir Penal Code was in force.
Now with effect from 31.10.2019, the Indian Penal Code extends to the whole of India.
Extent and operation of IPC to Extraterritorial offences
(1) Any citizen of India in any place without and beyond India.
Thus provisions of this code apply to the offence (which is an offence under IPC) committed by any citizen of India even outside India.
Without any beyond India meaning: See section 4
(2) Any person on any ship or aircraft registered in India wherever it may be.
Here the term ‘Any person’ is used. The term ‘Any person’ denotes any person whether a citizen of India or not.
Thus any offence (which is an offence under IPC) committed by any person at any place outside India, however on a ship or aircraft registered in India, the provision of this code applies to such offence.
Trial of Extraterritorial offences.
Section 3 of the Indian Penal Code 1860 makes it clear that such citizen of India or such person (as in Section 4 narrated above) is liable to be tried in the same manner as if such offence was committed in India
Section 188 of the Code of Criminal Procedure 1973 (CrPC) also provides that such offences be dealt with as if offences had been committed at any place within India, without the previous sanction of the Central Government. In the case Remla vs. SP of Police (1993) 1 KLT 412, the Kerala High Court has held that for the pre-inquiry stage, no such sanction is needed. The investigation has been held to be in the pre-inquiry stage.