Section: Pakistan Penal Codes ACT 1860

Question About: person liable to punishment under PPC

(a) who are the persons liable to he punished under the Pakistan Penal Code? Point out statutory and other exceptions, if any.
(b) Explain and discuss territorial and extra-territorial jurisdiction of PPC in respect of offences committed within and outside Pakistan.

Answer

Answer (a) Introduction

S. 2 of the Penal Code asserts categorically that every person shall be liable to punishment under the Code and not otherwise for every act of omission contrary to the provisions of the Code of which he is found guilty within Pakistan. As such for determining the liability and punishment of a person found guilty under the Code the provisions of a S.2 are to be looked into. This emphasis the principles that exercise of criminal jurisdiction depends on the locality of the offence and not on the nationality of the alleged offender, (there may be certain exception in case of foreigners such as ambassadors etc.) the general Section of the Penal Code which indicate its scheme in the behalf are Ss. 2, 3 and 4 to quote.

Relevant Provisions: Ss. 2, 3 and 4 PPC

According to the S. 2 of P.P.C. S. 2 of the Pakistan Penal Code provides that every person shall be made liable to punishment under the Code, without distinction of nation, rank, caste or creed, provided the offence with which he has been charged has been committed in some part of Pakistan. A foreigner who enters in the territories Pakistan also submits himself to the operation of Pakistani Laws and he cannot be allowed to plead in defense that he did not know that he was doing wrong, as the act was not an offence in his own country.

Statutory Exception

Although the Pakistan Penal Code does not provide any exception in favor of any person from the jurisdiction of Criminal Courts, such a statutory exemption is available under Article 248(2)(3) of the Constitution. It provides that no criminal proceeding whatever shall he instituted or continued against the President or the Governor of a Province, nor shall a process for his arrest or imprisonment issue in or form any Court during his term of office.

Doctrine of Exterritoriality

Besides the above statutory exception the doctrine of exterritoriality exempts the following persons from the jurisdiction of the criminal courts c every country.
  1. Sovereigns whilst travelling or resident in foreign countries: This privilege is extended t sovereigns even when they are living in cognition.
  2. Foreign State. A foreign State cannot he made a party to proceeding in another State.
  3. Ambassadors and other diplomatic agents: They and their family enjoy complete immunity from criminal jurisdiction of the Courts of the country to which they are accredited.
  4. International institutions: These institutions e.g.the United Nations and its various branches have been conceded immunity from territorial jurisdiction.
  5. Alien Enemies: In respect of acts of war they cannot he tried by criminal Courts hut can only be dealt with by martial law. In respect of offences unconnected with war they are triable by ordinary criminal Courts; and
  6. Public vessels whilst in foreign ports or territorial waters. They are exempt in foreign waters from the jurisdiction of the State within whose territorial jurisdiction they happen to he.
  7. The armed forces of a State when passing through a foreign territory: They are exempted from the jurisdiction of a foreign State. when by consent, they happen to pass from its soil.

Answer (b) Territorial Jurisdiction

According to the S. 2 of P.P.C. S. 2 of the PPC deals with territorial i.e. intra - territorial jurisdiction in respect of offence committed within Pakistan. It lays down that every person shall he liable is punishment if the offence under the PPC is committed within Pakistan. The words ‘every person’ do not make any distinction between persons. The person may belong to any origin. He may be citizen of Pakistan or may be a foreign national. He may belong to any tribe, caste or religion. What is important is that the offence under the PPC is committed within the boundaries of Pakistan. The territory of State, under the international law includes the land plus the portion of the sea washing its coast up to three miles into the sea. Pakistan, however claims to extend it up to 12 nautical miles vide, an Act of 1976. This is called the maritime territory of a State. So if any offence is committed under the PPC even by a foreign national, on a foreign ship, but in this belt of the sea, he shall be liable and the Pakistani Courts shall have jurisdiction to try him No defense shall he available to the person committing the offence in such a case that he was a foreign national and the act was done on a foreign ship obviously, however a foreigner cannot he tried or convicted by our courts for any act committed beyond the limits of Pakistan.

Extra — Territorial Jurisdiction

The extraterritorial jurisdiction of the PPC has been laid down in Ss. 3 and 4 thereof. By virtue of the said law every citizen of Pakistan, and every servant of the State, whether he is a citizen or not, is liable to he tried in Pakistan, for any offence committed beyond the territory of Pakistan on foreign lands. In ease an offence s committed on any ship or any aircraft, registered in Pakistan, any person whether lie is a citizen of Pakistan or foreign national, is liable to he tried for the offence as if the offence has been committed in Pakistan. It is founded on the principle that a ship on the high seas or a craft in the air is a floating island belonging the nations whose flag is flying.

Illustrations

  1. A. citizen of Pakistan commits a murder in France; he can he tried and convicted for murder in any place in Pakistan.
  2. B. a foreigner, who is in service of Pakistan, commits murder in London. He can be tried in Pakistan.
  3. B, a foreigner, who is travelling by PIA aircraft. Registered in Pakistan, if commits murder on the plane, he can he tried in Pakistan.
  4. D, a foreigner in Pakistan. Commits an offence under the P.P.C. He can be tried by Pakistani court, by virtue of the intra -territorial jurisdiction of the P.P.C, like any other Pakistani citizen.

Explanation

Trial in Pakistan

A can be tried and convicted of murder in any place in Pakistan where he may he found as S. 4 clearly says that the provisions of the Code apply to any offence committed by any citizen of Pakistan in any place without and beyond Pakistan.

Punishable in Pakistan

A is punishable for an offence under the Pakistan Penal Cod in spite of the fact that the act was committed in England, where it is not an offence for he is to be governed, by Pakistani Laws and is as such amenable to the jurisdiction of Pakistani Courts.

Conclusion

Their immunity is based on the principle that the exercise of such jurisdiction would he incompatible with their legal dignity — that is to say. With their absolute independence of every superior authority. The world being composed of distinct sovereignties, possessing equal rights and equal independence, whose mutual benefit is promoted by intercourse with each other, and by an interchange of those good offices which humanity dictates and its wants require, all sovereign have consumed to a relaxation in practice, in cases under certain peculiar circumstances, of that absolute and complete jurisdiction within their respective territories which sovereignty confers”.
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