Supreme Court of India · 1954-10-12
CENTRAL BANK OF INDIA vs RAM NARAIN.
- Citation / case number
- SC 1952/11
- Court
- Supreme Court of India
- Petitioner
- CENTRAL BANK OF INDIA
- Respondent
- RAM NARAIN.
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,BOSE, VIVIAN,JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that a person accused of an offence under the Indian Penal Code committed in a district that became part of Pakistan post-partition cannot be tried in India after migrating and acquiring Indian citizenship. The Court clarified that jurisdiction under Section 4 of the Indian Penal Code and Section 188 of the Criminal Procedure Code applies only if the accused was an Indian citizen at the time of the offence. The definition of 'domicil' was discussed, emphasizing that it cannot be strictly defined but is determined by a person's fixed habitation without intent to remove.