Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.
PRINCIPLE: Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words, the exercise of criminal jurisdiction depends upon the locality of the offence committed, and not upon the nationality or locality of the offender.
FACTS: 'X', a Pakistani citizen, while staying at Karachi, made false representations to 'Y', the complainant, at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of 'X' at Bombay, so that rice could be shipped from Karachi to India as per agreement. But the rice was never supplied to the complainant
Correct Answer :
The offence of cheating under section 420 of the Code was committed by 'X' within India, even though he was not physically present at the time and place of the crime
Solution :
Correct Answer: The offence of cheating under section 420 of the Code was committed by 'X' within India, even though he was not physically present at the time and place of the crime.
Step-by-Step Explanation:
1. Analysis of the Principle:
The principle explicitly establishes two core rules regarding criminal jurisdiction under the Indian Penal Code:
- Criminal jurisdiction depends strictly upon the locality of the offence committed.
- It does not depend upon the nationality or the physical locality of the offender at the time of the offence.
2. Application to the Facts:
- 'X', a Pakistani citizen residing in Karachi, initiated false representations through communications sent directly to 'Y' in Bombay.
- As a result of these representations, 'Y' parted with money amounting to over five lakh rupees in Bombay.
- Since the representation took effect and the money was received in Bombay, the offence of cheating was completed within the territory of India.
3. Conclusion:
Under the stated principle, the physical absence of 'X' from India and his foreign nationality are irrelevant. Because the act forming the offence of cheating occurred in Bombay (within Indian territory), 'X' is liable under the Code for committing the offence within India.
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