Can Indian citizens be prosecuted abroad under international criminal law?

Answer By law4u team

Yes. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), Indian citizens can be prosecuted for certain offences committed outside India. Key points: If an Indian citizen commits an act abroad which is an offence under BNS and for which India has jurisdiction under law or treaty, they can be tried in India as if the offence was committed within India. This includes crimes committed on Indian-registered ships or aircraft, and offences affecting India’s security, economy, or citizens. In cases involving international criminal law (such as genocide, war crimes, crimes against humanity, terrorism financing), prosecution can occur in India if international treaties or agreements to which India is a party provide for it. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down procedures for such trials, including requiring prior sanction from the Central Government for offences committed abroad.

Answer By Anik

Dear Client, Yes it is true that an Indian citizen can be held accountable in foreign jurisdictions by international criminal law which however does not happen often, it is a very rare case. 1. The ICC’s jurisdiction which also includes. The leading body which tries international criminal cases is the International Criminal Court (ICC) which has its home in The Hague, The Netherlands. It looks after individuals for the most serious international crimes which include:. Genocide Crimes against humanity War crimes The crime of aggression India is out of the Rome Statute which is what the ICC was put in place by way of treaty. Also like the U.S. and China which do not be a part of the Court. This in turn means that in the main for Indian citizens the ICC does not have the authority to bring charges against them. The crime took place in an ICC member state. The issue is before the ICC at the request of the UNSC. Thus in a theoretical case which plays out an Indian citizen may find him or herself in an ICC member state and is charged with a crime which comes under the ICC’s jurisdiction, the ICC does not have the authority toprosecute an Indian citizen for crimes which took place in India or in a non member state. 2. Worldwide Jurisdiction that is applied across borders. This is a legal which allows for prosecution by a state of an individual for some international crimes which may have been committed in a different country then where the charge is brought forth and which may not even involve that state’s nationalities. This principle applies to that which are of such a grave nature they are against all of humanity. How it Works: A country which has universal jurisdiction may try and convict an Indian citizen (or any other foreign national) of crimes such as genocide, torture or crimes against humanity which were committed beyond that country’s territory. Examples: Some in Europe, as is the case of Germany, have what we would term strict universal jurisdiction laws into which they’ve put foreign nationals for war crimes committed outside their country\'s borders. If an Indian national that commited such a crime went to one of these countries, they will face charges there. 3. Prosecution under the law of the host country. In this primary situation which we see play out the time and again. That an Indian national which puts a foot over the border into a foreign country and commits a crime is at the discretion of that foreign country’s laws and judicial system. We see here the concept of territorial jurisdiction. What Happens: If while in a foreign country you break its laws, you may be arrested, tried by the local authorities, which means you also will go to jail in that country no Indian citizenship is an automatic pass for breaking their rules. Role of the Indian Government: The Indian Embassy or Consulate provides consular assistance which includes that we will do our best to see that you are treated fairly, to put you in touch with local lawyers and to keep your family informed. Also we do not step in for the foreign country’s judicial process. 4. Removal from one’s country. If a crime is committed by an Indian citizen in a foreign country and then that person returns to India, they may be tried in either of the following ways:. Extradition to the Foreign Country: Foreign states may request that we hand over the person to stand trial in their country. This is true only when we have an extradition agreement with that country and the crime is a crime in both (dual criminality principle). Prosecution in India: India has its own set of laws which include that of the Indian Penal Code (IPC) which in turn includes provisions for extra territorial jurisdiction. This means an Indian citizen may be tried in an Indian court for a crime which he committed in a foreign country. But this requires the prior permission of the Central Government to go ahead with the prosecution. In that which we present out of a great many cases the direct prosecution of an Indian citizen by the International Criminal Court is a rare occurrence, they may still be tried under the law of universal jurisdiction in some countries or more so they are put on trial by the country in which the crime took place. I hope this information is what you needed to resolve your issues but should you still have any issues at hand do not hesitate to get in touch. Thank you!

Can Indian citizens be prosecuted abroad under international criminal law?

Answer By law4u team

Answer By Anik

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