PREAMBLE
INTRODUCTION:
MEANING OF PREAMBLE
Preamble means an "introduction" or " preface".
It is always restricted to the preface of an Act or Statute where the framers define their intent and explain the mischief to be remedied succinctly.
It is undoubtedly a part of the Act and may be fixed to explain it.
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WHAT ARE THE OFFENCES COMMITTED BEYOND, BUT WHICH MAY BE TRIED IN PAKISTAN, UNDER WHICH PROVISION?
Any person liable, by any Pakistan Law, to be tried for an offense committed beyond Pakistan shall be dealt with according to the provisions of this Code ( PPC) for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan.
1. Foreigner committing an offense.
2. Theory of Floating Island:
The jurisdiction of local Courts extends over the ships having its flag whether the ships are sailing or anchored, whether on the High Seas or in rivers below the bridges, where the tide ebbs and flows, and where great ships go.
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3. Extradition offenses:
(1) Culpable homicide
(2) Maliciously or willfully wounding or inflicting grievous bodily harm.
(3) Rape
(4) Procuring or trafficking in women or young persons for immoral purposes.
(5) Kidnapping, abduction or false imprisonment, or dealing in slaves.
(6) stealing abandoning exposing or unlawfully detaining a child
(7) Bribery
(8) Perjury or subornation of perjury or conspiring to defeat the course of justice
(9) Arson
(10) An offense concerning counterfeit currency
(11) An offense against the law relating to forgery
(12) Stealing, embezzlement, fraudulent conversion, fraudulent false accounting, obtaining property or credit by false pretenses, receiving stolen property, or any offense in respect of property involving fraud
(13) Burglary, housebreaking, or any similar offense
(14) Robbery
(15) Blackmail or extortion by means of threats or by abuse of authority
(16) An offense against bankruptcy law or company law
(17) Malicious or willful damage to property
(18) Acts done with the intention of endangering vehicles, vessels, or aircraft
(19) An offense against the law relating to dangerous drugs or narcotics
(20) Piracy
(21) Revolt against the authority of the master of a ship or the commander of an aircraft
(22) Contravention of import or export prohibitions relating to precious stones, gold, and other precious metals
(23) Aiding and abetting, counseling, or procuring the commission of or being an accessory before or after the fact to, or attempting or attempting or conspiring to commit, any of the aforesaid offenses.
What are Extra-territorial offenses?
The provisions of this Code apply also to any offense committed by ….
Section 4(1). any citizen of Pakistan or person in the service of Pakistan in any place without and beyond Pakistan.
Section4(4). any person on any ship or aircraft registered in Pakistan whenever it may be.
Explanation.
In this section the word "offense" includes every act committed outside Pakistan, if committed in Pakistan, would be punishable under Pakistan Penal Code.
Illustrations:
1. A, a Pakistan subject commits a murder in Uganda. He can be tried and convicted of murder in any place in Pakistan in which he may be found.
2. C, a foreigner who is in the service of Pakistan, commits a murder in London. He can be tried and convicted of murder at any place in Pakistan in which he may be found.
3. D, a British subject living in Junagadh, instigates E, to commit a murder in Lahore. D is guilty of abetting a murder.
Scope:
Nationality is not relevant if the case is covered under section 4.Such jurisdiction is subject to fulfillment of conditions that the accused is found at any place in Pakistan under any circumstances and certificate of political agent or sanction of Federal Government as the case may be is obtained. If either of the condition is not specified, a criminal Court in Pakistan cannot have the extraterritorial jurisdiction to try a person alleged to have committed an offense outside Pakistan.
Section. 108-A PPC
Abetment in Pakistan of offenses outside it:
A person abets an offense within the meaning of PPC who, in Pakistan, abets the commission of any act without and beyond Pakistan which would constitute an offense committed in Pakistan.
A, in Pakistan, instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.