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Section 2 of the Indian Penal Code provides the intra-territorial jurisdiction of the
Indian criminal courts . According to the section 2 of the Indian Penal Code every
person shall be liable to punishment by the IPC and not otherwise for every act or
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omission contrary to the provisions thereof , of which , he shall be guilty within India .
The terms Every Person include all persons without limitations and irrespective of
nationality , allegiance , rank , status , caste , colour and creed .Thus for instance , if a
German or a Frenchman commits adultery in India , he will be liable under the Indian
Penal Code and he can not plead that adultery is not an offence in his country .
A company , according to the legal interpretation , a person , and so a company would
be included within the terms . But a company can not be prosecuted for the offence
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which can be committed only by individual ,e.g. murder , perjury , etc. or for the
offences which are compulsorily punishable with imprisonment .
According to the maritime territory , a state includes land plus the portion of the sea
washing its coast upto twelve nautical miles into the sea . The Government of India ,
vide notification dated 30-9-1967 , declared that its maritime territory extends upto
twelve nautical miles into the sea measured from the base line . So an offence
committed within the limits of such territory should be an offence triable by the Indian
Criminal courts according to the provisions of IPC.
But criminal courts have no jurisdiction to try a few privileged classes of persons who
are not liable to be punished for any crime under the IPC . They are -----)The President and the Governor of a State .
2) Foreign Soverigns .
3) Ambassadors .
4) Allien Enemies .
5) Foreign Army and
6) Warships .