Clause (1) to section 4 of the Indian Penal Code extends the operative aspects of the Code to any offence committed by an Indian national in any place without and beyond the Indian territory, whereas clause (2) to section 4 deals with an offence committed by any person on any ship, or aircraft registered in India.
Clause (3) of section 4 determines the provision that any person in any place without or beyond India committing offence targetting a computer resource located in India rationalises the extension of criminal jurisdiction of the courts in India, even if the offence is committed outside and beyond India though targetting computer resource located in India.
Section 4(2) provides the admiralty jurisdiction1 to the Indian courts and the power to try offences committed on any ship, or aircraft registered in India, wherever it might be. Section 4(3) deals with the jurisdiction of Indian courts for the offence beyond India but using or targetting computer resource located in India.
The provisions of section 4 of the Code reads as under:
The provisions of this Code apply also to any offence committed by--
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be;
(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.
Explanation
In this section--
(a) the word "offence" includes every act committed outside India which, if committed in India, would be punishable under this Code;
(b) the expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).
Illustration
A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.
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1. The jurisdiction to try offences committed on high seas is called admiralty jurisdiction.
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