Report No. 43
2.8. Two alternatives as to ex-territorial application.-
In our Report on the Indian Penal Code,1 we examined the general question of the ex-territorial application of the criminal laws of the land, and recommended that so far as that Code was concerned, its exterritorial application to aliens should be limited to acts committed by them whilst in the service of the Government and relatable to offences committed either in connection with their service or punishable under Chapters 6, 7 or 9 of the Penal Code. As to the exterritorial application of the National Security Act, two alternative courses are open to us. We may either adopt the same type of application clause as that proposed by the Indian Penal Code, or else, we may widen it so as to include all offences against national security committed outside India by aliens whether or not they are in Government service.
1 42nd Report, paras. 1.12 to 1.20.