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september 2012

Supreme Court of India · 2012-09-04

Republic Of Italy Thr. Ambassador & Ors vs Union Of India & Ors

Court
Supreme Court of India
Petitioner
Republic Of Italy Thr. Ambassador & Ors
Respondent
Union Of India & Ors
Author
Altamas Kabir
Bench
Altamas Kabir, J. Chelameswar

Judgment text excerpt

The Supreme Court addressed the jurisdictional issue regarding the arrest of Italian marines under Section 302 IPC for the killing of Indian fishermen. The Court held that the Indian authorities lacked jurisdiction to prosecute the marines as the incident occurred in international waters, emphasizing the principle of extraterritoriality in criminal law. Consequently, the FIR registered against the marines was quashed, affirming that actions taken by foreign military personnel in international waters are governed by international law and treaties.

Republic Of Italy Thr. Ambassador & Ors vs Union Of India & Ors · Niyam