Territorial & Extra-Territorial Jurisdiction of IPC, 1860 with special reference to Enrica Lexie Case

Abstract

In this Article Researcher tries to through light on the Extra-territorial jurisdiction of the Indian Penal Code,1860 while analysing the Enrica Lexie Case of Italian Marines and Indian fishermen.In the case known as Enrica Lexie, an Italian vessel named Enrica Lexie was travelling off the coast of Kerala when it opened fire on a fishing vessel that was legally in India's jurisdiction. Two fishermen were instantly killed in the ensuing gunfire. Against the Italian mariners, an FIR was filed and the Italian ship marines were arrested and those involved were taken into custody. The Italian sailors responded by filing a writ petition with the Kerala High Court, arguing that the FIR should be quashed because the incident happened more than 20.5 nautical miles from India's coast. After finding that the Kerala Police have jurisdiction over such cases under Section 2 of the Indian Penal Code, the court quashed the writ. Subsequently, the Supreme Court ruled that the Union of India could proceed with prosecution of the defendants so long as they complied with Article 100 of UNCLOS 1982. In accordance with Article 100 of UNCLOS 1982, such proceedings are exclusively within the purview of the Federal or Central Government and cannot be brought before a State Government. Due to the lack of jurisdiction in the matter by the State of Kerala, the court ordered the Central Government to establish a Special Court to hear such cases