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Principles: the Indian Parliament Can Make Laws for the Whole of India Or for Any Specific Part of India. a Law Made by Anjali Can Bring About Criminal Proceedings Against Rajesh in India Because: - Legal Reasoning

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MCQ

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Principles:

  1. The Indian Parliament can make laws for the whole of India or for any specific part of India. A law made by the Parliament which is in force is not invalid merely because it is valid beyond the territory of India.
  2. The Indian Penal Code is applicable on criminal acts of Indian citizens done in any territory within or beyond India.
  3. Any criminal offence committed by a non-citizen outside the territory of India is also triable in India if the offender is found in India.

Facts: Rajesh married Anjali in India in the year 2008 in a valid Hindu marriage ceremony and later registered his marriage in the Court as well. The following year Rajesh made frequent trips to Abu Dhabi in relation to his business and finally settled down there in January 2010 while Anjali continued to reside with her in-laws in Jaipur. Rajesh subsequently entered into a marriage with Nadira in 2011. Anjali brought about criminal proceedings against Rajesh in India for bigamy.

Anjali can bring about criminal proceedings against Rajesh in India because:

Options

  • Bigamy is a criminal offence under the Indian Penal Code in India which has extra territorial application.

  • Rajesh left India with the sole intention of contracting a second marriage.

  • Rajesh committed the punishable offence of breach of trust while contracting the second marriage in Abu Dhabi.

  • All of the above

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Solution

Bigamy is a criminal offence under the Indian Penal Code in India which has extra territorial application.
SEC 4 IPC. Extension of Code to extra-territorial offences
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.

Explanation- In this section the word "offence" includes every act committed outside India which, if committed inIndia, would be punishable under thisCode.

Concept: Indian Penal Code (Entrance Exams)
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