CrPC Section 188 - Offence Committed Outside India

Section 188 of the Code of Criminal Procedure (CrPC), 1973, extends India's jurisdiction to prosecute certain crimes committed outside its borders. This provision primarily applies to crimes committed by Indian citizens, regardless of location, or crimes involving non-citizens on Indian-registered ships or aircraft. By allowing Indian courts to try such offences as if they occurred within India, Section 188 underscores the principle of active nationality and flag-state jurisdiction. However, its application requires the prior sanction of the Central Government, ensuring that such cases are handled with proper scrutiny and diplomatic sensitivity. This section plays a crucial role in India's legal framework, addressing extraterritorial criminal conduct while balancing national and international considerations.

Legal Provision

Section 188 Offence committed outside India

When an offence is committed outside India-

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.

Key Provisions Of Section 188

Section 188 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) permits Indian courts to try offences that have taken place outside the Indian Territory, provided a particular circumstance is satisfied. A detailed overview of the Section is below:

Scope Of Application

• Offences committed by citizen of India anywhere in the world
  • Clause (a) ensures that if a crime is committed by an Indian citizen on the high seas or in any foreign country, the individual can be prosecuted in India.
  • This sets the principle of active nationality, where a nation takes responsibility for their citizens' conducts wherever they are.
• Offences on Indian-Registered Ships and Aircraft
  • Clause (b) grants extraterritorial criminal jurisdiction to crimes committed by foreigners in ships or aircraft registered in India.
  • This provision asserts the applicability of Indian law to crimes committed on assets flagged under its jurisdiction.

Procedure For Prosecution

• An accused person can be dealt with as if the offense took place within India from where he was caught.
• This flexible approach ensures that justice does not get delayed due to logistical issues.

Sanction Of Central Government

• Proviso to Section 188 states that no offence committed outside India can be inquired into or tried without obtaining prior permission from the Central Government.
• This measure prevents frivolous or politically sensitive cases from being taken ahead without scrutiny and approval at the highest level.

Key Principles Underlying CrPC Section 188

• Extension of Sovereignty: Section 188 is a reflection of the principle that sovereign states have an interest in the actions of their citizens, even when abroad. Holding citizens accountable for extraterritorial offenses is a legal and moral obligation of India.
• Flag State Jurisdiction: The inclusion of ships and aircraft registered in India reflects India's adherence to international maritime and aviation laws, under which states exercise jurisdiction over their registered vessels.
• Diplomatic Factors: The requirement of Central Government sanction underlines the need for maintaining a balance between enforcing Indian law and international diplomatic relations.

Landmark Cases On CrPC Section 188

Nerella Chiranjeevi Arun Kumar vs. The State Of Andhra Pradesh (2021)

In this case, the Court held that though Section 188 allows a citizen of India, who commits an offence outside India, to be tried as if the offence had been committed within India, proviso to Section 188 provides that no such offence shall be inquired into or tried in India without the previous sanction of the Central Government.

However, the Court came to the conclusion that the proviso merely puts a bar on inquiring into or trying the offence in India without prior sanction from the Central Government. The proviso does not prohibit the registration of a crime or investigation of the case when the offence was committed by an Indian citizen outside of India.

The Court held that the Central Government sanction is not necessary for registration of a case /FIR or even to investigate the case. However, the Central Government sanction is necessary in situations when the Court takes cognizance after the final report has been filed.

Sartaj Khan vs. State of Uttarakhand (2022)

The Supreme Court in this case found that Section 188 of CrPC was not applicable to the present case because the totality of the offence was not committed outside India.

The appellant pleaded that the requirements of Section 188 CrPC were not met, and no sanction under the Section was on record. Therefore, the appellant argued he should not have been tried.

Section 188 CrPC deals with offences committed outside India:

• By an Indian citizen, whether on the high seas or elsewhere; or
• By a person not an Indian citizen, on any ship or aircraft registered in India.

Such persons may be dealt with as if the offense had been committed within India. However, no such offense shall be investigated or tried in India without previous sanction from the Central Government.

The Court held that the provisions of Section 188 CrPC are applicable only in cases where the entire offense took place outside India. Granting sanction would then allow the offence to be investigated or tried in India.

M. Amanulla Khan vs. Sajeena Vahab (2024)

The Court explained that Section 188 CrPC provides that a citizen of India who commits an offense outside India or a non-citizen who commits an offense on a ship or aircraft registered in India may be tried in India provided certain conditions are satisfied. The Court further clarified that the applicability of this Section was only when the whole of the offense is committed outside India.

Challenges And Criticisms

• Complexities of Jurisdiction: Determining jurisdiction can be complex, especially for crimes involving multiple nationalities or territories.
• Dependence on Central Government Sanction: The requirement of prior sanction, while protective, may delay justice in time-sensitive cases.
• Diplomatic Hurdles: Exercising jurisdiction over non-citizens may be problematic in terms of diplomatic conflict, especially in politically charged cases.

Way Forward

Section 188 of the Code of Criminal Procedure, 1973 is an important provision for dealing with offenses committed outside India's territorial jurisdiction. It ensures accountability of Indian citizens and non-citizens on Indian-registered ships or aircraft, emphasizing India's commitment to justice and adherence to international legal standards. However, its implementation demands careful navigation of procedural safeguards and international diplomacy. By striking a balance between sovereign authority and global cooperation, Section 188 reflects India's evolving legal framework in a world of increasing cross-border interaction and crime.

Conclusion

Section 188 of the CrPC plays a pivotal role in ensuring that crimes committed beyond India's territorial jurisdiction do not go unpunished. By extending India's sovereignty to Indian citizens abroad and to non-citizens on Indian-registered vessels, it reflects the nation's commitment to global justice. However, the requirement for prior approval from the Central Government adds an important layer of procedural checks. While this provision is a vital tool for maintaining accountability, its implementation must navigate jurisdictional complexities and international diplomatic concerns. As global interconnectedness increases, Section 188 remains crucial in managing cross-border criminal activity, reinforcing India's legal and diplomatic standing on the international stage.

Frequently Asked Questions (FAQs)

Here are some frequently asked questions (FAQs) that provide further clarity on Section 188 of the Code of Criminal Procedure (CrPC) and its application.

Q1.What is the scope of Section 188 of the CrPC?

Section 188 applies to offences committed outside India by Indian citizens or by non-citizens on Indian-registered ships or aircraft. It enables such offences to be tried as if they had occurred within India, with prior sanction from the Central Government.

Q2.Can crimes committed outside India by Indian citizens be prosecuted in India?

Yes, under Section 188, Indian citizens who commit crimes abroad can be prosecuted in India, as the law extends the country's jurisdiction over their actions, regardless of where the offence takes place.

Q3.Why is prior sanction from the Central Government required under Section 188?

The requirement for prior sanction is a safeguard to prevent frivolous or politically sensitive cases from being pursued without proper government approval, ensuring that the process is legally and diplomatically sound.

Q4.Does Section 188 apply to crimes committed entirely outside India?

Yes, Section 188 is applicable only when the offence is committed entirely outside India. It cannot be invoked for crimes that involve a connection to India but are not fully committed abroad.

Q5.How does Section 188 address crimes on Indian-registered ships or aircraft?

Section 188 grants Indian jurisdiction over crimes committed on ships or aircraft registered in India, even if the offenders are not Indian citizens, ensuring that such crimes can be prosecuted under Indian law.