Section 188 CrPC: Offence committed outside India

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Central Government sanction, citizen of India, CrPC jurisdiction, extraterritorial jurisdiction, Indian registered ship/aircraft, offence committed outside India, Sanction for Prosecution, territorial jurisdiction

New Law Update (2024)

Section 193 BNSS

TRIAL COURT

Punishment

Procedural / Administrative

Cognizable?

Bailable?

Compoundable?

Bare Act Text

When an offence is committed—
(1) by a citizen of India, whether on the high seas or elsewhere; or
(2) by a person, not being such citizen, on any ship or aircraft registered in India,
he 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;
Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

Important Sub-Sections Explained

Proviso to Section 188

This crucial part of the section stipulates that an offence committed outside India cannot be formally investigated or tried within India unless the Central Government has granted its prior permission. This ensures governmental oversight and control in matters involving crimes with extraterritorial elements.

Landmark Judgements

Ajay Aggarwal v. Union of India (1993):

The Supreme Court clarified that sanction under Section 188 CrPC is a condition precedent for the inquiry or trial of an offence committed outside India, not for the initiation of proceedings or issuance of process.

Thota Venkateswarlu v. State of Andhra Pradesh (2011):

This judgement reiterated that previous sanction of the Central Government is mandatory for the inquiry or trial of an offence committed outside India under Section 188 CrPC, holding that proceedings without such sanction would be invalid at the stage of inquiry or trial.

Chapter XIII