Question

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Every person shall be liable to punishment under the Indian Penal Code and not otherwise for every act or omission contrary to the provisions of the Code of which he shall be guilty within the territory of India. In other words, the exercise of criminal jurisdiction depends upon the locality of the offense committed, and not upon the nationality or locality of the offender

Facts: 'X', a Pakistani citizen, while staying at Karachi, made false representations to 'Y' the complainant, at Bombay through letters, telephone calls and telegrams and induced the complainant to part with money amounting to over rupees five lakh to the agents of 'X' at Bombay, so that rice could be shipped from Karachi to India as per agreement; But the rice was never supplied to the complainant.

विकल्प

• The offense of cheating under section 420 of the Code was committed by 'X' within India, even though he was not physically present at the time and place of the crime

• The offense of cheating as per section 420 of the Code was not committed by 'X' within India, as he was not physically present at the time and place of the crime

• Only the agents of 'X' had committed the offense of cheating under section 420 of the Code within India, as they were physically present at the time and place of the crime

• 'Y' was also liable for the offense of cheating under section 420 of the Code within India, as he was physically present at the time and place of the Crime.

Answer 1

The offense of cheating under section 420 of the Code was committed by 'X' within India, even though he was not physically present at the time and place of the crime

Explanation:

The principle given here is similar to that given under  Section 2 of the Indian Penal Code. In the given scenario, X is guilty of committing the offense of cheating, under section 420 of the IPC, even though he was not physically present at the time and place of the crime.