IPC Section 3 vs BNS Section 3 – Extra-Territorial Jurisdiction Explained
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 3
Indian Penal Code, 1860
About IPC Section
Section 3 of the Indian Penal Code (IPC), 1860 explains the application of IPC to offences committed beyond India, if those offences are made punishable under Indian law. It states:
“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.”
In simple terms, this provision extends the extra-territorial jurisdiction of IPC. It means that even if an offence is committed outside India, the offender can still be tried and punished in India, provided there is an Indian law that makes such acts punishable.
For example, if an Indian citizen commits an offence on an Indian ship in international waters, or if a crime is committed abroad but has consequences in India, then Section 3 allows prosecution under IPC.
Thus, IPC Section 3 ensures that Indian criminal law applies not only within the country but also in certain situations outside its boundaries, maintaining India’s authority over offences connected to its interests.
Section: BNS 3
Bharatiya Nyaya Sanhita, 2023
About BNS Section
Section 3 of the Bharatiya Nyaya Sanhita (BNS), 2023 is a direct continuation of IPC Section 3. It states that any person who is liable under Indian law to be tried for an offence committed outside India shall be dealt with under the provisions of this Sanhita as if the act was committed within India.
The principle of extra-territorial jurisdiction remains unchanged. The idea is that India’s criminal law is not confined only to its territory but can also extend to acts committed abroad, provided such acts fall under Indian law.
The importance of BNS Section 3 lies in ensuring that offences with cross-border implications—such as crimes on Indian ships, cybercrimes, or offences committed by Indian citizens abroad—remain punishable under Indian criminal law. This avoids legal loopholes and strengthens India’s ability to address global crimes.
While the wording is slightly modernized for clarity, the essence of IPC Section 3 is retained. The only real difference is that the name has changed from IPC to BNS, symbolizing the shift from colonial-era terminology to an indigenous law framework.