This document discusses the four aspects of jurisdiction for criminal offences: ratione materiæ (subject matter), ratione temporis (time), ratione personæ (person), and ratione loci (location). It provides details on how jurisdiction is determined based on these aspects under Indian law, including sections of the Indian Penal Code, Code of Criminal Procedure, and Constitutional provisions. Key points covered include jurisdiction based on nationality of accused or victim, application of laws within India and its maritime zones, and the floating island theory for crimes on ships or aircrafts.
This document discusses the four aspects of jurisdiction for criminal offences: ratione materiæ (subject matter), ratione temporis (time), ratione personæ (person), and ratione loci (location). It provides details on how jurisdiction is determined based on these aspects under Indian law, including sections of the Indian Penal Code, Code of Criminal Procedure, and Constitutional provisions. Key points covered include jurisdiction based on nationality of accused or victim, application of laws within India and its maritime zones, and the floating island theory for crimes on ships or aircrafts.
This document discusses the four aspects of jurisdiction for criminal offences: ratione materiæ (subject matter), ratione temporis (time), ratione personæ (person), and ratione loci (location). It provides details on how jurisdiction is determined based on these aspects under Indian law, including sections of the Indian Penal Code, Code of Criminal Procedure, and Constitutional provisions. Key points covered include jurisdiction based on nationality of accused or victim, application of laws within India and its maritime zones, and the floating island theory for crimes on ships or aircrafts.
ratione materiæ - jurisdiction based on subject matter of offence ss. 4-5 CrPC IPC offences - courts constituted under CrPC Non-IPC offences - courts constituted under special/local laws ratione temporis - jurisdiction based on time of offence Substantial criminal law not ex post facto Art. 20(1) CoI ratione personæ - jurisdiction based on person’s nationality s. 4(1) IPC Active personality jurisdiction/Roman jurisdiction - jurisdiction based on the nationality of the accused Passive personality jurisdiction - jurisdiction based on nationality of victim/complainant Fatma Bibi Ahmed Patel v. State of Gujarat (SC) (2008) ratione loci - jurisdiction based on location of offence s. 2 IPC r/w Chapter XIII CrPC Offences within India - application of IPC (s. 1 IPC) and other Indian special/local laws < 2019 - Ranbir Penal Code applicable to J & K > 2019 - IPC applicable to J & K Definition of India - s. 18 IPC, s. 3(28) General Clauses Act, Art. 1(3) CoI Mobarak Ali Ahmed v. State of Bombay (SC) (1957) - s. 179 CrPC Lee Kun Hee v. State of UP (SC) (2012) - s. 182(1) CrPC India includes not only landed territory but also portions of water and air adjacent to the landed territory Art. 297 CoI & Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (TW Act) Territorial Waters - upto 12 nautical miles (nm) - s. 3 TW Act Continental Shelf - upto 24 nm - s. 5(4) TW Act Exclusive Economic Zone - upto 200 nm - s. 7(4) TW Act 27/8/1981 Gazette MHA Notification - IPC and CrPC extended to EEZ (u/s. 7(7) of 1976 Act) - Insertion of s. 188A CrPC through notification and not parliamentary amendment - Central Government exercising such power u/s. 7(7) TW Act Republic of Italy v. Union of India (SC) (2013) ) Floating island theory - jurisdiction of courts in offences occurring in ships based on flag of State under which ship is registered (extended to airplanes also) - s. 4(2) IPC