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Q. |
‘A’ a foreigner stabbed B another foreigner in a foreign vessel on the high seas. Both A and B were brought to Bombay for treatment where B dies. A is also available in Bombay. Which one of the following propositions is correct in respect of applicability of Indian Penal Code (IPC) to the trial of A? |
A. | As both the deceased and the accused belong to foreign countries and the occurrence of offence has taken place on the high seas, IPC is not applicable to A and hence he cannot be prosecuted in India. |
B. | IPC is absolutely not applicable to a foreigner and hence A cannot be tried in India |
C. | As the offence is completed in Indian territories and the accused A is available in India, IPC is applicable and he should be tried at Bombay |
D. | As IPC is applicable to Indians as well as to foreigners, A must be tried in India. |
Answer» A. As both the deceased and the accused belong to foreign countries and the occurrence of offence has taken place on the high seas, IPC is not applicable to A and hence he cannot be prosecuted in India. |
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