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B.B.A. LL.B. (Five Years) Sem 4 Criminal Law I 2019 Jun (100 marks) Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Criminal Law I

Previous Year Question Paper with Solution

B.B.A. LL.B. (Five Years) · Sem 4

2019 Jun (100 marks) Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2019 Jun (100 marks) examination.

The Paper as Set

The questions in this volume are the questions asked at the 2019 Jun (100 marks) examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 3 hours · Total marks 100 · 13 questions answered

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

Read the original question paper

Q1"A person can be held liable under Indian Penal Code for committing an offence beyond the territory of India". Discuss.[16]

Answer

For full marks, cover: the statement, true but only in the cases the Code names; the starting point, territorial jurisdiction (section 2 of the Indian Penal Code, now section 1(3) of the Sanhita), and why a State also reaches beyond its borders; the extra-territorial heads one by one: offences triable in India by some other law (section 3), offences by Indian citizens anywhere (section 4(1)), offences on Indian ships and aircraft (section 4(2)), cyber offences aimed at a computer in India (section 4(3)), and the Explanation that turns acts abroad into "offences"; abetment across the border (section 108A); offences planned abroad and carried out in India, and conspiracy as a continuing offence (Ajay Agarwal); the citizenship test (Central Bank of India v. Ram Narain); trial and the Central Government's sanction; the Sanhita; a conclusion.

The statement, and the answer

The statement says a person can be liable under the Code for an offence committed outside India. That is true, but only in the situations the Code itself sets out. The general rule is territorial, and the extra-territorial reach is the exception.

The starting point

Section 2 makes "every person" liable for every act or omission contrary to the Code "of which he shall be guilty within India". That covers India's land, its territorial waters and the air above. A crime committed wholly abroad, by a foreigner, against a foreigner, is ordinarily outside the Code.

But a State has good reasons to reach further. Its citizens carry its law with them. Its ships and aircraft are treated as its own territory. And modern offences, by telephone, internet or conspiracy, cross borders easily. So the Code adds extra-territorial heads.

Head 1: other laws that make an offence triable in India (section 3)

Section 3 says that any person liable "by any Indian law" to be tried for an offence committed beyond India "shall be dealt with according to the provisions of this Code" as if the act had been committed within India. Section 3 does not itself create jurisdiction. It says that whenever another law, such as section 4, makes such an offence triable in India, the Code's definitions and punishments apply.

Head 2: Indian citizens anywhere (section 4(1))

The Code applies to any offence committed by "any citizen of India in any place without and beyond India". Its illustration reads: "A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found."

The citizenship test. In Central Bank of India v. Ram Narain, AIR 1955 SC 36, decided on 12 October 1954, the Supreme Court held that section 4 applies only if the accused was a citizen of India when the offence was committed. A later change of citizenship cannot confer jurisdiction backwards.

Head 3: Indian ships and aircraft (section 4(2))

The Code applies to any offence by "any person on any ship or aircraft registered in India wherever it may be". Take a foreign passenger who assaults a crew member on an Air India flight over the Atlantic. He may be tried in India, as if the act had been done here.

Head 4: cyber offences aimed at India (section 4(3))

Since 2009, the Code also applies to any person "in any place without and beyond India committing offence targeting a computer resource located in India". A hacker abroad who locks the computers of an Indian hospital and demands money is within the Code, whatever his nationality.

The Explanation

The Explanation to section 4 says that "offence" includes "every act committed outside India which, if committed in India, would be punishable under this Code". So it does not matter whether the act was an offence in the country where it was done. The test is whether it would be an offence in India.

Abetment across the border

Section 108A says a person abets an offence who, in India, abets an act "without and beyond India which would constitute an offence if committed in India". A man in Bengaluru who instigates a murder abroad is guilty of abetting murder under the Code.

Offences planned abroad and carried out in India

Facts. A non-resident Indian in Dubai was said to have conspired with others, including a bank manager at Chandigarh. Their aim was to obtain foreign letters of credit on forged shipping documents for a vessel that did not exist. The Chandigarh bank lost about forty lakh rupees. The trial court discharged the accused because no sanction for an offence outside India had been obtained. The case is Ajay Agarwal v. Union of India, AIR 1993 SC 1637, decided on 5 May 1993.

Held. The appeal was dismissed and the prosecution went on. Conspiracy is a continuing offence. It lasts until its object is achieved, abandoned or frustrated, and is committed wherever any conspirator acts. Since part of the acts were done in India, no sanction of the Central Government was needed. All the conspirators need not be present in India. A conspiracy agreed abroad has the same effect as one agreed in India, once part of its acts are done here.

Why it bears. A person abroad cannot escape the Code by staying out of India while his plan is carried out here. Where part of the offence happens in India, it is triable in India as an ordinary case.

Trial and sanction

Section 188 of the old procedure code, now section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governs offences committed outside India. A citizen anywhere, or anyone on an Indian ship or aircraft, may be dealt with as if the offence had been committed in India. The place of trial is where he is found. Section 208 adds the place where the offence is registered in India. But no such offence may be inquired into or tried without the previous sanction of the Central Government. Where part of the offence was committed in India, as in Ajay Agarwal, that part needs no sanction.

Where the Code does not reach

A foreigner abroad, against an Indian. If a foreign national robs an Indian tourist in Paris, none of the heads applies. He is not a citizen, he is not on an Indian ship or aircraft, and no Indian computer is targeted. The Code does not reach him, though the law of France does.
No presence, no trial. Section 4 gives jurisdiction, but a trial needs the accused in India. A citizen who stays abroad must first be brought back, usually by extradition.
Citizenship at the wrong time. A foreigner who commits an offence abroad and later becomes an Indian citizen is not caught, as Central Bank of India v. Ram Narain holds.

Three worked examples

An Indian engineer working in Dubai cheats a fellow worker there of his savings. He is a citizen, so section 4(1) applies, and he may be tried when he returns, with sanction.

A Nepali passenger steals from another passenger on an Indian-registered ship in the Arabian Sea. Section 4(2) applies.
A gang in another country hacks an Indian bank's servers and diverts money. Section 4(3) applies, whatever the gang's nationality.

Under the Sanhita

Section 1(4) of the Bharatiya Nyaya Sanhita, 2023 is the old section 3. Section 1(5) is the old section 4, with the same three heads and Explanation. Its illustration now reads "commits a murder in any place without and beyond India". Section 47 is the old section 108A, and section 48 adds abetment from abroad of an offence in India.

Conclusion. The statement is true within limits. The Code is mainly territorial under section 2, now section 1(3) of the Sanhita. But it reaches beyond India in the cases named in sections 3 and 4, now section 1(4) and (5). These are offences by Indian citizens anywhere, by anyone on an Indian ship or aircraft, and by anyone abroad targeting a computer in India. Central Bank of India v. Ram Narain requires citizenship at the time of the act. Abetment from India of an act abroad is covered by section 108A. Ajay Agarwal shows that a conspiracy abroad, partly carried out here, is triable in India without sanction. For offences wholly abroad, the Central Government's sanction is needed before trial.

B.B.A. LL.B. (Five Years) Sem 4 Criminal Law I 2019 Jun (100 marks) Question Paper with Solutions

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