Offence committed outside India by Indian citizen requires centre’s sanction U/S 188 CrPC for trial in India: Kerala HC [Read Order]

Kerala: The Kerala High Court has quashed criminal proceedings against a husband accused of subjecting his wife to cruelty, citing a lack of prior sanction required under Section 188 of the Code of Criminal Procedure (CrPC) for trying offences committed by Indian citizens outside India.

The bench of Justice A. Badharudeen delivered the order on June 6, 2024, allowing a petition filed under Section 482 CrPC, seeking quashment of the final report in a case arising out of a crime registered at Ettumanoor Police Station under Section 498A (cruelty) of the Indian Penal Code.

The court noted that according to the statement of the de facto complainant, all the allegations of cruelty against the petitioner were related to incidents that occurred when the couple resided together in Australia.

Referring to Section 188 CrPC, the court observed that when an offence is committed outside India by a citizen of India, the offender may be dealt with as if the offence was committed in India, but with the previous sanction of the Central Government as mandated by the proviso to Section 188.

“Thus, while analysing what are the cases for which proviso to Section 188 of Cr.P.C. would apply, it is held that when an offence is committed outside India- (a) by a citizen of India, whether on the high seas or elsewhere; or (b) by a person, not being the citizen, on any ship or aircraft registered in India, the offender may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found, where proviso to Section 188 of Cr.P.C. would apply and in such cases, previous sanction of the Central Government is necessary. At the same time, if part of the overt acts or at least one instance among the overt acts alleged to be committed in India, sanction under Section 188 of Cr.P.C. is not necessary in such cases.” 

Relying on the Supreme Court’s decision in Sartaj Khan v. State of Uttarakhand, the court held that if any part of the alleged offence was committed in India, sanction under Section 188 would not be required. However, in the present case, since the entire allegations pertained to actions outside India, the proceedings were vitiated due to the lack of requisite sanction.

In conclusion, the court allowed the petitioner’s plea and quashed all further proceedings against him in the case, with the direction to proceed against the second accused.  

[Read Order]