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PETITIONER: CENTRAL BANK OF INDIA
Vs.
RESPONDENT: RAM NARAIN.
DATE OF JUDGMENT: 12/10/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1955 AIR 36 1955 SCR (1) 697 CITATOR INFO : R 1966 SC1614 (7) RF 1991 SC1886 (9)
ACT: Offence committed by a person in Pakistan -Migration to India and acquiring domicil therein-Courts in India- Jurisdiction Trial-Indian Penal Code (Act XLV of 1860), s. 4-Criminal Procedure Code (Act V of 1898), s. 188-Whether- apply under the circumstances-Domicil, definition of.
HEADNOTE: A person accused of an offence under the Indian Penal Code and committed in a district which after the partition of India became part of Pakistan cannot be tried for that offence by a Criminal Court in India after his migration to India and acquiring thereafter the status of a citizen of India. The fact that after the commission of an offence a person becomes domiciled in another country, or acquires citizenship of that State does not confer jurisdiction on the Court of that country retrospectively for trying offences committed and completed at a time when that person was neither the national of that country nor was he domiciled there. According to section 4 ’of the Indian -Penal Code and ...