Mobaraik Ali Vs. State of Bombay (1975) - Applicability of BNS/IPC to Foreigner

Fact of the case :

The appellant, a Pakistani national, doing business in Karachi made false representations with dishonest intention to the complainant at Bombay through letters, telegrams and telephone talks that he had ready stock of rice, that he had reserved shipping space also and on the receipt of money he would be in a position to ship the rice forthwith. The complainant who was anxious to import rice urgently paid the amount to the appellant through his agent at Bombay on the belief of such representations.

Issue Involved

Whether a person who is not an Indian citizen would be subject to IPC/BNS? 

Whether a person who committed an offence outside India would be held accountable? 

 It was contended by the appellant that the conviction was made on the grounds that he was a Pakistani national who, during the entire period of the commission of the offence, never stepped into India and was only at Karachi and that he could neither be tried by an Indian Court nor be punished under the Indian Penal Code (BNS, 2023). 

The Court held that all the ingredients constituting the offence of cheating under section 420 of the Indian Penal Code (Section 318(4) of BNS, 2023) occurred in India as representations were made in India and payment has been made in India so the offence was committed here in India. So, he was convicted of the offence of cheating under section 420 of the Indian Penal Code (Section 318(4) of BNS, 2023). 

On the plain reading of section 2 of Indian Penal Code (Section 1(3) of BNS, 2023), the code does apply to anyone including foreigner who has committed an offence within India, notwithstanding that he was physically not in India. 

HELD : “The Court held that the appellant should be held liable whether he was an Indian citizen or not at the time of offence. Therefore, Mobarak Ali's physical absence from Indian Territory was deemed immaterial due to the territorial impact of the offence.

Thus, any person who commits an offence within the territories of India would be liable for the offence under IPC.”

Note: The phrase “every person” is that it includes all persons without limitation and irrespective of nationality, allegiance, rank, status, caste, colour or creed.  

boundaries, even if committed by foreign nationals. In this case, the Court determined that the alleged offence had significant effects within India, establishing jurisdiction under the IPC. Therefore, Mobarak Ali's physical absence from Indian Territory was deemed immaterial due to the territorial impact of the offence.”