Section 3 IPC: Punishment of offences committed beyond, but which by law may be tried within, India

Indian Penal Code, 1860

Section 3 IPC at a Glance

Section 3 IPC deals with punishment of offences committed beyond, but which by law may be tried within, India. From 1 July 2024 it is replaced by Section 1(4) BNS.

Punishment

None. Section 3 IPC creates no offence.

BNS Equivalent

Section 1(4) →

Section 3 IPC Bare Act Text

3. Punishment of offences committed beyond, but which by law may be tried within, India

Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.

Source: Section 3, Indian Penal Code, 1860

Section 3 IPC in Simple Words

Section 3 of the Indian Penal Code (IPC) provides that any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with under the Code for any act committed beyond India as if that act had been committed within India. The section does not confer extra-territorial jurisdiction by itself; the liability to be tried must be founded on another law, such as Section 4 IPC or Section 188 of the Code of Criminal Procedure, 1973.

Section 3 IPC is a preliminary jurisdictional provision that defines no offence and prescribes no punishment. It has no entry in the First Schedule to the CrPC, and compounding under Section 320 CrPC does not apply.

Ingredients of Section 3 IPC

  • The act was committed beyond the territorial limits of India
  • The person is liable under an Indian law to be tried for that offence
  • The person is dealt with under the provisions of the Code as if the act occurred within India

Punishment Under Section 3 IPC

Imprisonment

None. Section 3 IPC creates no offence.

Fine

None. Section 3 IPC creates no offence.

Section 3 IPC applies the Code to offences committed abroad when another law makes the person triable in India. It defines no offence and has no entry in the First Schedule to the CrPC.

Example of Section 3 IPC

In 2017, Harish, an Indian citizen from Ahmedabad, visited Colombo for a family wedding, where his cousin Nikhil entrusted him with a gold necklace for safekeeping. While still in Colombo, Harish dishonestly sold the necklace to a jeweller and kept the proceeds before flying back to Gujarat. Because Indian law made an Indian citizen liable to be tried in India for an offence committed outside the country, Harish had to be dealt with according to the Indian Penal Code in the same manner as if the dishonest misappropriation had been committed within India under Section 3 IPC.

When Section 3 IPC Does Not Apply

  • Section 3 IPC does not apply when the act in question was committed inside the territory of India.
  • Section 3 IPC does not apply to an act done outside India if no Indian law renders the actor liable to be tried in India.
  • Section 3 IPC does not apply where the conduct performed abroad would not amount to an offence under the Indian Penal Code even if performed in India.
  • Section 3 IPC does not establish any independent criminal offence or prescribe a penalty.

Section 3 IPC in the BNS

Section 3 IPC is now covered under Section 1(4) BNS.

Section 3 IPC corresponds to Section 1(4) BNS. Section 1(4) BNS preserves the rule governing offences committed beyond India. The phrase any Indian law is replaced by any law for the time being in force in India, and this Sanhita substitutes for this Code.

View detailed comparison (IPC 3 vs BNS 1(4)) →

FAQs on Section 3 IPC

What does Section 3 IPC say?▼

Section 3 IPC provides that any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of the Code for any act committed beyond India in the same manner as if such act had been committed within India.

Does Section 3 IPC independently grant jurisdiction to try offences committed abroad?▼

Section 3 IPC does not independently create jurisdiction. It applies only when another statute, such as Section 4 IPC or procedural law, establishes that the person is liable to be tried in India.

Does Section 3 IPC define an offence or prescribe punishment?▼

Section 3 IPC defines no offence and prescribes no punishment. Penal consequences depend upon the specific offence section charged.

Is Section 3 IPC bailable or cognizable?▼

Section 3 IPC has no entry in the First Schedule to the CrPC because it creates no offence. Bail status and cognizance are governed by the punishing section charged.

Can proceedings be compounded under Section 3 IPC?▼

Compounding under Section 320 CrPC does not apply to Section 3 IPC because it is purely a jurisdictional rule.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 3 IPC?▼

Section 1(4) BNS corresponds to Section 3 IPC, using the phrase any law for the time being in force in India.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·