50.
1. Crime committed by an Indian in a foreign country.
The answer is: D
Explanation
The correct option is D: 1, 2 and 3. The Indian Courts would have jurisdiction under all the three situations mentioned in the question. Here is a brief explanation for each situation:
- Crime committed by an Indian in a foreign country: The Indian Courts have jurisdiction over crimes committed by Indian citizens outside India, as per Section 4 of the Indian Penal Code. However, this jurisdiction is subject to certain conditions and exceptions, such as the extradition treaties between India and the foreign country, the nature and gravity of the offence, the consent of the foreign government, etc.
- Crime committed by a foreigner in India: The Indian Courts have jurisdiction over crimes committed by foreigners within the territory of India, as per Section 2 of the Indian Penal Code. The principle of territoriality applies here, which means that the law of the land where the crime is committed governs the case. However, there are some exceptions to this principle, such as diplomatic immunity, special privileges for certain foreign officials, etc.
- Crime committed by a person on an Indian ship: The Indian Courts have jurisdiction over crimes committed by any person on board an Indian ship, as per Section 3 of the Indian Penal Code. The principle of nationality or flag state applies here, which means that the law of the country to which the ship belongs governs the case. However, this principle is also subject to some limitations, such as the right of visitation and search by foreign authorities, the jurisdiction of the coastal state, etc.