32. What does the law say about offenses committed during a journey or voyage?
Legal Framework: Sec 203 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses crimes committed during a journey or voyage.
Scope: This includes offenses that occur while a person is traveling, whether by road, sea, or air.
Examples: Examples of such crimes include theft on trains, assaults on flights, or crimes committed while traveling on ships.
Determination of Jurisdiction: The jurisdiction to investigate and prosecute such offenses is determined by the location where the crime is reported or where the person is arrested.
Example – Train Theft: For example, if someone commits theft on a train, the local police where the theft is reported can take action.
Example – Flight Assault: Similarly, if an assault occurs on a flight, the airline or airport authorities can handle the matter.
Prevention of Escape: Sec 203 ensures that crimes occurring during journeys do not escape prosecution due to shifting jurisdictions.
Clarity in Treatment: It provides clarity on how crimes during travel should be treated, ensuring justice is served promptly.
Legal Precedent: In State of MP v. S.B. Johari (2013), the Supreme Court ruled that offenses during a journey, regardless of the mode of transport, can be prosecuted.
Global Travel Context: The law is particularly important in the context of global travel, where people frequently cross borders.
Extraterritorial Jurisdiction: The provision allows for extraterritorial jurisdiction, meaning that crimes committed abroad by Indian nationals can be prosecuted under Indian law.
Example – Foreign Airline: For example, if an Indian citizen commits a crime while traveling on a foreign airline, they can still face legal consequences in India.
Preventing Evasion: This Sec helps ensure that offenders cannot evade justice by crossing jurisdictions during their travels.
International Cooperation: The law encourages international cooperation between countries in prosecuting crimes committed during journeys, including extradition treaties.
Ensuring Justice: It ensures that individuals who commit crimes during voyages, whether by land, sea, or air, are brought to justice no matter where the crime occurred.
