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.