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october 1954

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.

CENTRAL BANK OF INDIA vs RAM NARAIN. · Niyam