Mobarak Ali v. State of Bombay (1975)

Mobarak Ali, a Pakistani national residing in Pakistan, appealed his conviction under the Indian Penal Code (IPC) for forgery and conspiracy to commit fraud allegedly perpetrated in Bombay, India. During the appeal, Mobarak Ali argued that he wasn't physically present in India at the time of the offence and contended that the IPC should not apply to foreign nationals committing offences outside Indian territory.

However, the Supreme Court upheld the conviction, ruling that the IPC extends its jurisdiction to "every person," irrespective of nationality or physical presence within Indian territory, as per Section 2.

The Court emphasized the principle of territorial jurisdiction, affirming a state's authority to prosecute offenses occurring within its boundaries, even if committed by foreign nationals. In this case, the Court determined that the alleged offence had significant effects within India, establishing jurisdiction under the IPC. Therefore, Mobarak Ali's physical absence from Indian territory was deemed immaterial due to the territorial impact of the offense.