Extension of Code to extra-territorial offences
Section 4 of the Indian Penal Code, 1860 deals with 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; The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.] of 1972, West Bengal by West Bengal Act 42 of 1973.
The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and Sch., extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10- 1967).
The Act comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963).
2. Subs. by Act 3 of 1951, s. 3 and Sch., for "the whole of India except Part B States".
3. Subs. by the A. O. 1948, for "take effect * * * throughout British India". The words and figures "on and from the first day of May, 1861" occurring between the words "effect" and "throughout" were rep. by Act 12 of 1891.
4. Subs. by Act 3 of 1951, s. 3 and Sch., for "except Part B States".
5. Subs. by s. 3 and Sch., ibid., for "the States".
6. The words and figures "on or after the said first day of May, 1861" omitted by Act 12 of 1891.
7. Subs. by the A. O. 1937, for "law passed by the Governor-General of India in Council".
8. Subs. by Act 4 of 1898, s. 2, for the original s. 4.
9. Subs. by the A. O. 1950, for the original cls.
(1) to (4).
Explanation.
Explanation.--In this section the word "offence" includes every act committed outside [India] which, if committed in [India] would
be punishable under this Code.
[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.
* * * *
Section 4, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
No provision of the Bharatiya Nyaya Sanhita is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
The State Rep. by Inspector of Police Q Branch Cid Thoothukudi vs Mariya Anton Vijay
Court's Decision & Legal Precedent
The inherent powers of the High Court under Section 482 of the Criminal Procedure Code to quash FIR/charge sheet should be exercised very sparingly and only in the rarest of rare cases where the allegations do not prima facie constitute any offence, or are absurd and inherently improbable, or where there is an express legal bar to proceedings. At the charge sheet stage, the High Court cannot appreciate factual materials and draw inferences as if deciding an appellate case. The High Court must confine itself to examining whether prima facie case is made out without going into reliability or genuineness of allegations. Factual questions regarding possession of arms, their nature, authorization, and whether they form part of ordinary armament of vessel under Section 45(a) of Arms Act can only be decided through full trial on merits with evidence from both parties, not at the threshold stage of charge sheet examination. The burden of proving exemption under Section 45(a) lies on the accused person, and such exemption applies only to arms forming part of ordinary armament or equipment of the vessel, not to all arms carried on the vessel.
On this section: Section 4(2) relates to applicability of IPC to acts committed in Indian territory. Section 81 relates to act of person justified by law. Section 120-B relates to criminal conspiracy.
-
Anil Kumar vs The State Of Kerala
Court's Decision & Legal Precedent
An offender cannot claim the benefit of Exception 4 to Section 300 IPC (culpable homicide not amounting to murder) merely by establishing absence of premeditation or sudden provocation. The exception requires that the offender must not take undue advantage of the situation. When an offender deliberately exploits a vulnerable situation (such as when the victim is drenched in kerosene) to cause death, the act constitutes murder with premeditated intent, and the offender is not entitled to the benefit of the exception.
On this section: Culpable homicide not amounting to murder - the court examined whether the appellant qualified for this exception by analyzing the elements of premeditation, sudden fight, and undue advantage
-
Arumugam vs State Rep. by Inspector of Police, T. Nadu
Court's Decision & Legal Precedent
When a homicide occurs in the heat of a sudden quarrel arising from provocation, without long premeditation, with mutual aggravation of conduct between the parties, and the offender has not taken undue advantage or acted in a cruel or unusual manner, the appropriate conviction is under Section 304 Part I IPC (Culpable Homicide not amounting to Murder) rather than Section 302 IPC (Murder), even though the factual elements of causing death are established. Evidence from witnesses related to the deceased is not automatically unreliable merely due to relationship; such evidence must be evaluated on its credibility and truthfulness, with foundation required for any allegation of false implication.
On this section: Covers acts committed without premeditation, in sudden fight, in heat of passion upon sudden quarrel, without undue advantage or cruel manner. Court found all ingredients satisfied: sudden quarrel arose from election-related provocation the previous day, heat of passion evident, no long-gap between provocation and act, no cruelty beyond what was proportionate to quarrel.
-
Man Bahadur Singh vs The State of Uttar Pradesh
Court's Decision & Legal Precedent
When a killing results from a sudden fight arising without premeditation, in the heat of passion upon a sudden quarrel, without the offender taking undue advantage or acting in a cruel or unusual manner, the offense constitutes culpable homicide not amounting to murder under Exception 4 of Section 300 IPC, regardless of the fatal nature of the injuries, if the entire factual matrix demonstrates spontaneity and absence of prior intent. The character of the weapon (lathi) and its use in a spontaneous village quarrel escalating from a children's dispute do not elevate the offense to murder when premeditation is absent.
On this section: Core provision applied: 'Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner.' Court found all elements satisfied in the present case.
-
Madhusudhan Jayaramu vs State of Karnataka
Court's Decision & Legal Precedent
When an offence is alleged to have been committed outside India by an Indian citizen, the investigating agency must comply with the mandatory procedure prescribed under Sections 188, 105K, and 166A of the Code of Criminal Procedure, 1973, including obtaining sanction from the Central Government and recording statements of witnesses through letters of request to foreign courts. Failure to follow this procedure, combined with an incomplete investigation lacking statements from key witnesses and based solely on interested testimony without corroborating material, renders the charge sheet defective and the prosecution an abuse of process, warranting quashing of the charge sheet and entire proceedings under Section 482 CrPC.
On this section: Establishes that IPC applies to any offence committed by any citizen of India in any place outside India, providing the jurisdictional basis for prosecuting Indian citizens for extraterritorial offences
-
Rishi @ Babal vs The State of Nct Delhi
Court's Decision & Legal Precedent
When an assault with a brick occurs upon a sudden quarrel without premeditation, and there is no evidence that the accused came prearmed with the weapon, the offense constitutes culpable homicide not amounting to murder under Section 304 Part-I IPC, even if multiple blows are struck on the head causing fatal injuries, provided there is no evidence of specific intention to cause death or knowledge that the act is likely to cause death. Exception 4 to Section 300 IPC applies to exclude such acts from the definition of murder.
On this section: Culpable homicide exception - the court applied this exception to exclude the offense from murder, finding that the act was committed upon a sudden quarrel without premeditation
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 4
What have the courts held on Section 4 of the Indian Penal Code?
The State Rep. by Inspector of Police Q Branch Cid Thoothukudi vs Mariya Anton Vijay (01 Jul 2015) is the leading judgment on this section among those set out below: Section 4(2) relates to applicability of IPC to acts committed in Indian territory. Section 81 relates to act of person justified by law. Section 120-B relates to criminal conspiracy. Another 5 judgments on this section are set out below, 4 of them from the Supreme Court. They run from 2008 to 2024.
How do I find court cases under Section 4 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 4, section 4 IPC, section 4 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with The State Rep. by Inspector of Police Q Branch Cid Thoothukudi vs Mariya Anton Vijay (01 Jul 2015).
What should I read with Section 4 of the Indian Penal Code, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 4 of the Indian Penal Code come into force?
Section 4 of the Indian Penal Code, cited as IPC 4, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.