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Queen-empress Vs. Paranga - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad463
AppellantQueen-empress
RespondentParanga
Excerpt:
penal code - act xlv of 1860, section 174--disobedience to a summons. - order1. we do not think the accused was bound to appear before the magistrate at a place outside british territory. the indian penal code applies only to criminal acts done in india under section 2, except in the special cases mentioned in section 3. if the magistrate had ordinarily power to summon witnesses to attend at a place outside british india, the act of disobedience would then be done in foreign territory and amount to an offence over which he would have no jurisdiction. the proper construction of section 174 is that the place where a witness is summoned to attend must be in british india.2. we direct that the conviction and sentence be set aside, and the fine levied be refunded.
Judgment:
ORDER

1. We do not think the accused was bound to appear before the Magistrate at a place outside British territory. The Indian Penal Code applies only to criminal acts done in India under Section 2, except in the special cases mentioned in Section 3. If the Magistrate had ordinarily power to summon witnesses to attend at a place outside British India, the act of disobedience would then be done in foreign territory and amount to an offence over which he would have no jurisdiction. The proper construction of Section 174 is that the place where a witness is summoned to attend must be in British India.

2. We direct that the conviction and sentence be set aside, and the fine levied be refunded.


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