Bases of State Jurisdiction — Five Principles — KSLU Pil Notes
Bases of State Jurisdiction — Five Principles
| # | Principle | Basis | Example |
|---|---|---|---|
| 1 | Territorial | Crime committed on State’s territory | Murder in India → Indian courts |
| 2 | Nationality (Active Personality) | Offender is a national | Indian citizen commits fraud in UK → India can try |
| 3 | Passive Personality | Victim is a national | Terrorist kills Indian tourists abroad → India can try |
| 4 | Protective | Act threatens State’s vital security | Counterfeiting Indian currency in Nepal → India can prosecute |
| 5 | Universal | Crime affects all mankind — any State can try | Piracy, genocide, war crimes, torture |
The S.S. Lotus Principle
S.S. Lotus Case (PCIJ, 1927): In the absence of a prohibitive rule, a State may exercise jurisdiction. The default is permission, not prohibition — a State can legislate for acts outside its territory if there is a jurisdictional link.