Wednesday, May 30, 2012

Enrica Lexie-Jurisdiction

Section 3 of IPC reads : Sec. 3: Punishment for 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.What the sentence 'any person liable by any India law to be tried within India'. Does it not mean that this section is applicable to anyone bound by Indian laws? If such a person commits a crime beyond India's land boundary to be tried............... It is not applicable to anyone who is not bound by Indian laws. Italian marines are not bound by Indian laws. Italian Marines committed a crime in an Italian flagged ship which is as good as committing a crime in Italian soil. It is a wonder how this is interpreted as a crime to be tried in Indian courts.
I could not get any attributes in IPC that it applies to all. The law as given in IPC is applicable to only those who are bound by Indian laws. 
 When a foreign citizen is in India then it will apply to him also as the local law should apply to all.
In this case the Marines were not in Indian soil or something equivalent to Indian soil. So the Indian law cannot be applied to them. Or it seems to me.

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