Question

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.

• A. 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
• B. The offence of cheating as per section 420 of the Code was not committed by ‘X’ within India, as he was not physically present at the time and place of the crime
• C. Only the agents of ‘X’ had committed the offence of cheating under section 420 of the Code within India, as they were physically present at the time and place of the crime
• D. ‘Y’ was also liable for the offence of cheating under section 420 of the Code within India, as he was physically present at the time and place of the crime

Hint:

In crimes like cheating, the location where the act (such as inducing or misrepresentation) occurs is considered the locus of the crime, even if the accused is not physically present.

Answer 1

The Correct Option is A

The offence of cheating under section 420 of the Indian Penal Code can be committed regardless of the physical presence of the offender within India. As the misrepresentation and inducement to the complainant occurred within India (through communication to ‘Y’), the offence was committed within Indian territory by ‘X’.