A Critical Analysis of Territorial Jurisdiction under Indian Penal Code, 1860

Jurisdiction is the area on which a government exercises its sovereign authority lawfully. In this jurisdiction all the laws are made applicable hence offenders are punished under that law. The world is open today, intercontinental trades, international agreements, there is free flow of inter country goods etc developments have taken place since 20th century due globalization. With this comes the crime, it has also become international, intercontinental. It becomes very difficult to punish the offender because the crime is committed in one nation and its effect is seen in other nation. Crime is committed in space, in International waters, on land. There always comes the conflict of laws. Hence there are international agreements made for example UNCLOS helps to solve the problem of maritime territory and the laws applicable in that area and of which nation. Under UNCLOS detailed area is given, meaning an imaginary line is drawn on the sea and oceans for the nations by classifying the area into territorial waters, EEZ etc. This paper critically analyzes the concept of territorial jurisdiction under IPC. Italian Marines case is a very landmark case which happened in the year 2012 which clarifies some ambiguities regarding the application of law but still there are problems with its judgment. Under IPC a person whether he may be a citizen or a foreigner he may be tried in India for the offences committed in India or outside.