Supreme Court of India

Mobarik Ali Ahmed v State of Bombay

1957 INSC 6319571 min read
The case in brief30-second read
Facts
The appellant, a Pakistani national in Karachi, induced a Bombay merchant by letters, telegrams and phone calls to send money for rice that was never supplied.
Issue
Whether he could be tried in India for cheating when he was not physically present here.
Held
The offence was committed in Bombay, where the deception operated and the money was delivered. S.2 IPC applies to every person committing an offence in India, whatever his nationality or location. The conviction was upheld.
Principle
An offence is committed in India if its essential ingredients occur here, even if the offender acts from abroad.
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Facts

  • The appellant, a Pakistani national in Karachi, induced a Bombay merchant by letters, telegrams and phone calls to send money for rice that was never supplied.

Issue

  1. Whether he could be tried in India for cheating when he was not physically present here.

Held

  • The offence was committed in Bombay, where the deception operated and the money was delivered. S.2 IPC applies to every person committing an offence in India, whatever his nationality or location. The conviction was upheld.

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Citation

Mobarik Ali Ahmed v State of Bombay 1957 INSC 63

Reported: https://api.sci.gov.in/jonew/judis/623.pdf ; https://indiankanoon.org/doc/84475/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.