lsquo A rsquo a foreigner stabbed B another foreigner in a foreign vessel on the high seas Both A a...........

Indian Penal Code (IPC) 1860 General Exceptions

‘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?

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.

IPC is absolutely not applicable to a foreigner and hence A cannot be tried in India

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

As IPC is applicable to Indians as well as to foreigners, A must be tried in India.

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Explanation:

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.