The question (10 marks)
"An Indian citizen commits an offence in Dubai; a foreign national hacks a server in Pune from abroad; a crew member commits an offence on an Indian-registered ship on the high seas." Explain the territorial and extra-territorial reach of the Bharatiya Nyaya Sanhita, 2023 with reference to s. 1, and state whether each of the three can be tried in India under it.
Standing MU question on the application of the code; built on the Unit 1 chapter and s. 1 of Gazette 250883 (s. 1(2) is the commencement clause; there is no 'whole of India' clause).
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Crime, the Sanhita, and How to Read It of Law of Crimes (Bharatiya Nyaya Sanhita, 2023).
Authorities you will need
- BNS s. 1(3)
- BNS s. 1(4)
- BNS s. 1(5)(a)
- BNS s. 1(5) Explanation
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.