Swarnendu
in Corporate Law International Law
Asked August 15, 2013

Prosecution of foreign nationals under Domestic Law

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What are the provisions under the indian criminal laws through which we can prosecute international criminals under the domestic laws? In other words, domestic prosecution of international crimes, for eg crime against humanity, crime by non-state actors?

Answer 1

Sir

Only the Crime Committed within the Territory of India, can be prosecuted under the Domestic Law. Indian law cannot have extra-territorial operations. However, this is subject to 2 exception, as provided under the Code itself, that is : - 

(1) Any person liable, by any Specific 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 3[India].

(2) Offence Committed by any citizen of India in any place without and beyond India;

(3) Offence COmmitted by any person on any ship of aircraft registered in India wherever it may be.

Feel free to ask should you have any questions

 

Vivek N Mapara

Agree Comment 0 Agrees 3 months ago

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