Section 4 IPC: Extension of Code to extra-territorial offences

Indian Penal Code, 1860

Section 4 IPC at a Glance

Section 4 IPC deals with extension of Code to extra-territorial offences. From 1 July 2024 it is replaced by Section 1(5) BNS.

Punishment

None. Section 4 IPC creates no offence.

BNS Equivalent

Section 1(5) →

Section 4 IPC Bare Act Text

4. Extension of Code to extra-territorial offences

The provisions of this Code apply also to any offence committed by—

(1) any citizen of India in any place without and beyond India;

(2) any person on any ship or aircraft registered in India wherever it may be.

(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.

Explanation

In this section—

(a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;

(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000.

Illustration

A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.

Source: Section 4, Indian Penal Code, 1860

Section 4 IPC in Simple Words

Section 4 of the Indian Penal Code (IPC) extends the application of the Code to extra-territorial offences committed by three categories of persons. First, any citizen of India in any place without and beyond India. Second, any person on any ship or aircraft registered in India, wherever it may be.

Third, any person in any place without and beyond India committing an offence targeting a computer resource located in India. The Explanation provides that offence includes every act committed outside India which, if committed in India, would be punishable under the Code. Section 4 IPC is an enabling jurisdictional provision that defines no offence and prescribes no punishment.

It has no entry in the First Schedule to the Code of Criminal Procedure, 1973, and compounding under Section 320 CrPC does not apply.

Ingredients of Section 4 IPC

  • A citizen of India in any place without and beyond India
  • Any person on a ship or aircraft registered in India, wherever it may be
  • Any person in any place without and beyond India committing an offence targeting a computer resource located in India
  • The act committed outside India would be punishable under the Code if committed in India

Punishment Under Section 4 IPC

Imprisonment

None. Section 4 IPC creates no offence.

Fine

None. Section 4 IPC creates no offence.

Section 4 IPC extends the Code to extra-territorial offences. It defines no offence and has no entry in the First Schedule to the CrPC.

Example of Section 4 IPC

In 2020, Kunal, a citizen of India from Bengaluru, travelled to Kuala Lumpur for a conference. While in Kuala Lumpur, he intentionally assaulted his colleague Arvind with an iron rod, fracturing Arvind's collarbone. Voluntarily causing grievous hurt was an act that, if committed in India, would be punishable under the Indian Penal Code. Because Kunal was an Indian citizen who committed the act in a place without and beyond India, the provisions of the Indian Penal Code applied to his offence under Section 4 IPC.

When Section 4 IPC Does Not Apply

  • Section 4 IPC does not govern offences committed within the territorial limits of India.
  • Section 4 IPC does not apply to a non-citizen acting outside India who is neither aboard an Indian-registered vessel or aircraft nor targeting a computer resource located in India.
  • Section 4 IPC does not extend to an act done outside India that would not be punishable under the Indian Penal Code if done within India.
  • Section 4 IPC does not create a substantive offence or prescribe any punishment of its own.

Section 4 IPC in the BNS

Section 4 IPC is now covered under Section 1(5) BNS.

Section 4 IPC corresponds to Section 1(5) BNS. Section 1(5) BNS replaces apply also with shall also apply and letters the three categories a to c. The Explanation retains the definition of offence but omits clause b, which defined computer resource by reference to the Information Technology Act, 2000. That term now receives its meaning through Section 2(39) BNS. The illustration replaces the reference to Uganda with any place without and beyond India.

View detailed comparison (IPC 4 vs BNS 1(5)) →

FAQs on Section 4 IPC

What does Section 4 IPC say?▼

Section 4 IPC provides that the provisions of the Code apply also to any offence committed by any citizen of India in any place without and beyond India, by any person on any ship or aircraft registered in India wherever it may be, and by any person in any place without and beyond India committing an offence targeting a computer resource located in India.

Does Section 4 IPC apply to foreign nationals acting abroad?▼

Section 4 IPC applies to foreign nationals abroad only if they are aboard an Indian-registered ship or aircraft, or commit an offence targeting a computer resource located in India.

How does Section 4 IPC define an offence committed abroad?▼

The Explanation to Section 4 IPC specifies that offence includes every act committed outside India which, if committed in India, would be punishable under the Code.

Section 4 IPC: how does the Bharatiya Nyaya Sanhita define computer resource?▼

While Section 1(5) BNS omits the specific definition clause found in Section 4 IPC, Section 2(39) BNS provides that words defined in the Information Technology Act, 2000 retain that meaning in the Sanhita.

Does Section 4 IPC define an offence or prescribe punishment?▼

Section 4 IPC defines no offence and prescribes no punishment. It determines the extra-territorial reach of substantive offences defined in other sections.

Is Section 4 IPC bailable or cognizable?▼

Section 4 IPC has no Schedule row of its own. Procedural classifications such as bail and cognizance depend entirely upon the substantive offence charged.

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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 ·