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State Jurisdiction

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All States are equal before the International Law. Each State enjoys its own territorial jurisdiction, also called Territorial Jurisdiction of a State or Protective Jurisdiction.

D J Harris defined State Jurisdiction as the power to prescribe rules (prescriptive jurisdiction) and the power to enforce them (enforcement jurisdiction).

Jurisdiction may be concurrent with other States or it may be exclusive. It may be civil or criminal.

The State territory, for the purpose of Jurisdiction, is taken as:

  • Land situated within the boundaries of the State as recognized by the International Law over which the State has its control and power
  • Maritime coastal belt or territorial sea according to Law of the Sea
  • A Ship bearing the flag of the State wishing to exercise Jurisdiction
  • Ports

According to Section 3 & 4 of Indian Penal Code, 1860, any person is liable, by an Indian law, to be tried for an offense committed beyond India shall be dealt with according to the provisions of the IPC for any act committed beyond India in the same manner as if such act has been committed within India.

Related Cases

  • Chung Chi Cheung vs. The King (1939)
  • France vs. G B Scott (1911) Savarkar Case

Related Sections / Acts

See also