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' died. 'A'is also available in Bombay. Which one of the following propositions is correct in respect of applicability is correct in respect of applicability of Indian Penal Code (IPC) to the trial of 'A'?

A) As both the deceased and the accused belong to foreign countries and the occurrence of offence has taken place on the high seas, Indian Penal Code is not applicable to 'A' and hence he cannot be prosecuted in India B) Indian Penal Code is absolutely not applicable to a foreigner and hence 'B' cannot be tried in India C) As the offence is completed in India territories and accused 'A' is available in India. Indian Penal Code is applicable and he should be tried at Bombay D) As Indian Penal Code is applicable to Indians as well as to foreigners 'A' must be tried in India

Answer & Solution

Correct Answer: Option A

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