There is no express
enactment by which the pakistan's legislature can assume to render foreigners
subject to the criminal law with reference to acts committed by them beyond the
limits of pakistan. In the words of chief justice Cockburn,
" proposition of
law can be more incontestable or more universally admitted than that, according
to the general law of nations, a foreigner, though criminally responsible to
the law of the nation not his own for acts done by him while within the limits
of its territory, cannot be made responsible to its law for acts done beyond
such limits . The rule must however, be taken subject to this qualification,
namely6, that if the legislature of a particular country should think fit by
express enactment to render foreigners subject to its law with reference to
offences committed beyond the limits of its territory, it would be incumbent,
on the courts of such country to give effect to such enectment, leaving it to
the state to settle the question of international law withthe governmentsof
other nations."
The acts of a
foreigner committed by him in the territory beyond the limits of pakistan do
not, therefore constitute an offence against the penal code, and consequently,
a foreigner cannot be held criminally responsible under that code by the
tribunals of this country for acts committed byhim beyond its territorial
limits.
It is only for acts
done when the person doing them is within the territory over which the authority
of pakistan law extends, that the subjects of a foreign state owe obedience to
that law and can be made amenable to its jurisdiction. Thus when it is sought
to punish a person, who is not a pakistani subject, as an offender in respect
of certain act, the question is not, where was the act committed, but, was the
person at the time when the offence was committed, within the territory of Pakistan.
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