Indian Penal Code Sections 2, 3, and 4 describe the jurisdiction and up to where its jurisdiction extends. These sections describe two types of jurisdiction. The first one is called intra-territorial jurisdiction and the second one is called extra-territorial jurisdiction. And today we are going to talk about section 2 of IPC which states about intra-territorial jurisdiction. This section is for every person, whether he is a foreigner or an Indian.
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Section 2 IPC Explanation With Example
Under section 2 of IPC, every person is liable but the offense should be committed within India. In this section, the locality of the offense matters. Some following identities are not liable under this section like foreign sovereigns, foreign ambassadors, alien enemies, foreign army, and worship. This section was not applicable in Jammu and Kashmir earlier, but after ‘Article 370’ it is valid there too.
Example 1- If a person ‘A’ who is a resident of India commits a crime in India, then he will be punished under IPC Section 2. And if a person ‘B’ who is a resident of America comes to India and commits a crime, then he will also be punished under this IPC section.
Example 2- If a person from Nepal comes to India and works in Domino’s Restaurant and has a fight with his co-worker and the Nepalese person kills that person, then also this section will apply.
Example 3- IPC section 2 also applies to Indian airspace. If a Sri Lankan citizen breaks any law in Indian airspace, he will be punished under section 2 of IPC.
Example 4- If an American citizen kills an Australian citizen in Indian territory. In this case, section 2 of IPC will apply.
Also read: IPC Section 54: Commutation Of Sentence Of Death
IPC Section 2: Punishment of offences committed within India
Category of Bare Act | Name of the Act | Year of Declaration |
---|---|---|
Criminal Laws | Indian Penal Code | 1860 |
Act Number | Day Of Approval | Chapter No. |
---|---|---|
45 | 06.10.1860 | 1 |
Chapter Title | Sub-Chapter | Legislated by |
---|---|---|
Introduction | None | Parliament of India |
Types Of Jurisdiction
Jurisdiction means what is the power of the court and what all the court can do. One is Intra-territory which is applicable in the territory of India. This means that it will apply only to people living in India. The second is extra-territory, in this IPC can be applied to people living outside India also.