Mobarik Ali Ahmed v State of Bombay (1957)

BNS · Elements of Crime

Facts.

A Pakistani national, operating from Karachi, cheated a Bombay merchant by fraudulent representations; he was never physically in India during the fraud.

Issue.

Could Indian courts try an offence committed by a foreigner from outside India whose effect was felt in India?

Held.

Yes. The offence was completed in India where its effect took place; jurisdiction under s.4 IPC / s.1 BNS does not always require the accused’s presence in India when the offence has its impact here.

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