Facts of the Case
- A is a citizen of India.
- He travelled to Australia, where he committed the offence of murder.
- After committing the offence, A returned to India.
- Australian authorities have not prosecuted him yet, and India is now evaluating whether he can be punished under the Indian Penal Code (IPC).
- The issue concerns whether Indian criminal courts have extraterritorial jurisdiction over Indian citizens for offences committed abroad.
Issues in the Case
- Whether Indian courts have jurisdiction over offences committed outside India by an Indian citizen?
- Whether murder committed in a foreign country is punishable under the IPC?
- Whether Section 4 IPC (extraterritorial operation) applies to this situation?
- Whether A can be tried in India even if the offence was committed in Australia?
Legal Principles Covered
A. Extraterritorial Jurisdiction – Section 4 IPC
Section 4 IPC lays down that the IPC applies to:
- Any citizen of India committing an offence in any place beyond India.
- Any person on a ship or aircraft registered in India.
Therefore, an Indian citizen committing murder outside India can be prosecuted in India.
B. Section 3 IPC – Punishment of Offences Committed Beyond India
- A person liable under any Indian law for an act committed outside India may be dealt with according to the IPC as if it were committed in India.
This section reinforces the power of Indian courts to try extraterritorial offences.
C. Murder – Section 300 & Punishment – Section 302 IPC
- Murder is defined under Section 300 IPC.
- Punishment under Section 302: death or life imprisonment, and fine.
- An Indian citizen committing murder abroad is liable for these provisions once Indian jurisdiction is established.
D. Criminal Procedure Code – Section 188 CrPC
- If an Indian citizen commits an offence abroad, he may be tried in India,
- BUT prior sanction of the Central Government is required before prosecution begins.
This ensures proper diplomatic and legal coordination.
Possible Judgement
Court’s Likely Findings:
- A is an Indian citizen, and therefore subject to Section 4 IPC (extraterritorial liability).
- Murder is a serious offence under Section 300/302 IPC, punishable in India regardless of where it was committed.
- Under Section 3 IPC, an extraterritorial offence is treated as if committed within India.
- Under Section 188 CrPC, prosecution in India is valid with Central Government sanction.
Probable Judicial Outcome:
- A is punishable in India under Section 302 IPC, read with Section 4 IPC.
- The Court will proceed after obtaining Central Government sanction under Section 188 CrPC.
- The fact that the murder occurred in Australia does not prevent Indian prosecution, since A is an Indian citizen.
Final Conclusion:
A is punishable under the IPC for committing murder in Australia, as per Sections 3 and 4 IPC, subject to procedural requirements under Section 188 CrPC.
About lawgnan
To understand how Indian courts exercise extraterritorial jurisdiction under Sections 3 and 4 IPC, and why Indian citizens can be prosecuted for offences committed abroad, visit Lawgana.in. The platform provides clear, exam-oriented legal notes, case briefs, and conceptual explanations for judiciary aspirants, law students, and legal researchers. Learn how Section 188 CrPC enables prosecution for crimes outside India and why murder committed abroad still attracts Section 302 IPC in India. For the simplest and most reliable criminal law study material, explore Lawgana.in—your trusted source for mastering IPC concepts with accuracy and depth.
