A person subject to this Act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence under this Act and shall not be tried by a Security Guard Court, unless he commits any of the said offences,—

---

(a) while on active duty; or

---

(b) at any place outside India.

---