Considering the jurisdiction for trial of an accused, match List I with List II: List IList II (i)…
Flag-state criminal jurisdiction over offences committed on board foreign-registered ships or aircraft (such as British Airways) flows from the extension of admiralty…
Choose your answer
Considering the jurisdiction for trial of an accused, match List I with List II:
| List I | List II |
|---|---|
| (i) Person travelling in British Airways at Delhi. | (a) Country having its admiralty jurisdiction. |
| (ii) Indian travelling in Air India at Pakistan. | (b) India having its extra-territorial jurisdiction. |
| (iii) A Sovereign representing an unrecognised state. | (c) India, provided he is an Indian national. |
| (iv) A man while in voyage with his Indian wife. | (d) Immunity by virtue of convention. |
Answer and explanation
Correct answer A
Flag-state criminal jurisdiction over offences committed on board foreign-registered ships or aircraft (such as British Airways) flows from the extension of admiralty jurisdiction of the state of registration, so (a) matches with (i). Under Section 1(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 4 IPC) and Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 188 CrPC), India exercises extra-territorial jurisdiction over offences committed by Indian citizens outside India and on any ship or aircraft registered in India (such as Air India), so (b) matches with (ii). For a man on a voyage with his Indian wife outside India, Indian extra-territorial criminal jurisdiction applies only if he himself is an Indian citizen, so (c) matches with (iv). A foreign sovereign enjoys immunity from criminal jurisdiction by virtue of international convention and customary international law, so (d) matches with (iii).
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