Page:The Indian Penal Code - Morgan and MacPherson - 1863.djvu/15

 EXTUA-TERBITORIAL OPEUATIONr 5 ries.'^ (s. 43). These are the defined limits of the legislative powor. Accordingly "within and throughout British India, the Penal Code is applicable to all persons thus made subject to tills authority of the Oovemor-General of India in Council. Whether such persons are the subjects of Her Majesty or the subjects of a foreign stale, they all owe obedience to the law. A foreigner who enters the British territories and thus accepts the protection of our laws, virtually gives an assurance of his fidelity and obedience to them and submits himself to their operation. All existing penal laws whatsoever, except such as are referred to in the last section of this chapter, are superseded by the Code to this extent, that persons liable to punishment under any of the provisions of the Code cannot be punished by any other law. The words and not otherwise'* seem virtually to repeal all former laws for the punishment of any offence which is made punishable by this law. But if there are acts or omissions made penal by any existing law, and no provision of this Code is found to reach them, that law ¥rill continue at present in force. Offences committed prior to the 1st of January, 1862, will not come under the Code, at whatever time the offender may be arrested or tried. . 3. Any person liable, by any law passed by the Poniahmantofoirenoescom. Govcmor General of India in l^^S^^edVi^ll CouncU, to be tried for an Territories. oflfence Committed beyond the limits of tbe said Territories, shall be dealt with ac- cording to the provisions of this Code for any act conmiitted beyond the said Territories, in the same manner as if such act had been committed within the said Territories. This section relates to the extra-territorial operation of the Code. The words "for any act*' Ac. extend also to illegal omissions. (Section 32).