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Punishment of offences committed beyond, but which by law may be tried within, India

Section 3 of the Indian Penal Code, 1860.

Any person liable, by any 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 India.

This section and section 4 relate to the extra-territorial operation of the Code. The words of this section postulate the existence of a law that an act constituting an offence in India shall also be an offence when committed outside India. Thus taking part in a marriage which is prohibited by the Child Restraint Marriage Act by a Indian subject beyond India is not an offence which can be punished in India. This section only applies to the case of a person who at the time of committing the offence charged was amenable to a Indian Court. A Native Indian Citizen, being a soldier in the Indian army, committed a murder in Cyprus, while on service in such army, and was charged with this offence at Agra. It was held that he might be dealt with in respect of such offence by the criminal Courts at Agra. The operation of the section is restricted to the cases specified in the Indian Extradition Act and the Criminal Procedure Code, 1973 sections 180 and 188.

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