‘M’ from Karachi (Pakistan) contacted N at Mumbai by phone and telegram and cheated him. N had a big loss in his business, because of the words of M. Can M be prosecuted in India.
As per Sec. 3 & 4 of the Indian Penal Code, which speaks about the jurisdiction of IPC, ‘M’ can be prosecuted in India for the offence of cheating. i.e., M contacting N at Mumbai from Karachi (Pakistan) by phone and telegram and cheating him.
Sec. 3 deals with punishment of offences committed beyond India, but which by law may be tried within India.
It reads – 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 for any act committed beyond India in the same manner as if such act had been committed within India, provided he is an Indian Citizen.
Sec. 4 deals with extension of Code to extra-territorial offences.
It reads – The provisions of IPC apply also to any offence committed by any citizen of India in any place without and beyond India.
Only if M is not a citizen of India, he cannot be prosecuted in India.