GC MUBARAK ALI V. STATE OF BOMBAY AIR 1957 SC 857
- The Mubarak Ali case stands as a landmark verdict rendered by the Supreme Court of India addressing the territorial jurisdiction delineated within the Indian Penal Code (IPC).
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Mubarak Ali, a Pakistani national, was accused of conspiring with others in India to commit an offense within the territory India.
He was never physically present in India during the planning or execution of the offense.
- The issue emerged concerning his potential liability under the IPC despite his absence from India. Is it possible for an individual to face prosecution under the IPC for an offense committed within India, even if they were not physically present in the country at the time?
- The Supreme Court held that physical presence in India is not a requirement for liability under the IPC.The court based its decision on the principle of "territorial jurisdiction," which states that a country can exercise jurisdiction over offenses committed within its territory, regardless of the nationality or presence of the offender.
- This principle was justified based on:
-India's sovereignty and right to protect its territory.
-The potential harm caused by offenses committed within its territory, even if planned elsewhere.
-The need to deter individuals from planning or aiding offenses in India, even if they do not physically enter the country.
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