THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 439
Offences committed outside British India
So far we have dealt with offences committed within the limits of British India. Suppose now that although the offender is within British India but the offence is committed outside British India, how is the situation to be dealt with?
It may be dealt with in two ways—
I. The offender may be sent up for trial in the country where the offence was committed.
II. The offender may be tried in British India. The first is known as dealing in extradition. The second may be called dealing in ex-territorial jurisdiction.
I. Extradition out side India may be to any—
(a) Native State
(b) Foreign State
(c) His Majesty’s Dominions.
(a) Native State
Extradition to a Native State is governed by the Indian Extradition Act of 1903.
Having regard to the Statutes of Parliament and the Acts of the Indian Legislature I make the following geographical divisions of this globe for the purpose of jurisdiction of the secular Courts :
(1) Territorial divisions of land and foreign country governed by the Cr. P. C. and other enactments of the Indian Imperial Legislature.
(2) Territorial waters governed by Statutes 41 and 42 Vic. C. 73.
(3) High seas governed by statutes 12 and 13 Vic. C. 96 (admiralty offence (colonial) 23 and 24 Vic. C. 88 and 37 and 38 Vic. C. 2. It would thus be seen that the offences on high seas are governed only by the Statutes of Parliament 12 and 13 Vic. confer on colonial courts to try all offences which could have been tried by the admiral. Section 1 of statute 23 and 24 Vic. C. 88 makes statute 12 and 13 Vic. C. 96 applicable to India and Statute 37 and
38 Vic. C. 27 makes the offence punishable according to Indian Law.
19 Bom. L. R. 527