Offence Committed Outside India

The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) administer the general set of laws in India. While the vast majority of their arrangements apply within Indian territory, Section 188 of the CrPC manages offences committed outside India by Indian residents or people employed by the Indian government. This section guarantees that the Indian laws expands its ward past the nation's lines under particular conditions, tending to wrongdoings carried out outside India however influencing Indian legitimate interests.

Legal Framework

CrPC Section-188 

The text of Section 188 of the CrPC is as follows:

“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 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.”

The section lays out two important conditions:

1. The person committing the offence is an Indian citizen, or

2. The offence is committed on a ship or aircraft registered in India.

CrPC Section-189 

The text of Section 189 CrPC is as follows:

"When a charge is made against any person of an offence committed outside India, any Magistrate having jurisdiction in any district within which such person is found shall have the same authority to inquire into or try such charge as if the offence had been committed within such district."

Relation Between Section-188 & Section 189

While Section 188 of the CrPC manages offences carried outside India by Indian residents or on Indian-enrolled vessels, Section 189 of the CrPC supplements this by tending to the Jurisdiction and procedural viewpoints encompassing the indictment of these offences.

Section 189 of the CrPC supplements Section 188 by guaranteeing that once a person who has committed an offence outside India is found within Indian territory, any judge with purview over the spot where the wrongdoer is found can indict the case. This procedural viewpoint reinforces India's legitimate capacity to deal with extraterritorial violations proficiently, guaranteeing that guilty parties can't get away from the range of Indian regulation, regardless of where they are tracked down inside the country.

Together, Sections 188 and 189 maintain India's sovereign right to indict its residents or those on Indian vessels for offences committed abroad, building up the lawful system that stretches past its regional limits.

Key Aspects Of Section-188 CrPC

Jurisdiction Beyond Indian Territory

Section 188, CrPC gives Indian Courts the position to try offences committed by Indian residents or on Indian-enrolled vessels, regardless of whether they are outside the territorial limits of India. In summary, the arrangement extends the jurisdiction of Indian courts past its borders to guarantee that Indian residents or those on Indian vessels/aircrafts are responsible for their activities, regardless of where the offence happens.

Sanction From The Central Government

One of the core components of Section 188, CrPC, is the need for prior sanction from the Central Government. Indian Courts can't freely take discernment of an offence committed outside India by an Indian resident or on an Indian vessel/aeroplane except if the Central Government allows the judicial actions. The necessity of sanction guarantees a check-and-balance system, forestalling misuse of this section and just applying it in pertinent cases.

Applicability On Indian Citizens And Indian Vessels/Aircraft

Section 188 applies in two specific instances:

• Offences by Indian Citizens: An Indian resident who commits an offence outside the country, whether in a foreign country or international waters, can be tried in India.

• Offences on Indian Vessels or Aircraft: Regardless of whether the individual carrying out the offence is not an Indian resident, they can be arraigned in the event that the wrongdoing is carried out on a boat or airplane registered in India.

Extension Of Indian Penal Code

For offences committed outside India to be prosecutable under Section 188, they must still qualify as an offence under Indian law, specifically under the IPC. The extension of the IPC's jurisdiction beyond Indian territory ensures that Indian citizens cannot escape legal consequences by committing a crime abroad.

Objective And Purpose Of Section 188 CrPC

The essential objective of Section 188 is to guarantee that Indian residents, who are limited by Indian regulations, can't avoid the lawful outcomes of deplorable acts by escaping the nation or committing offences outside its territorial Jurisdiction.

The provision is vital in cases where:

• Indian citizens commit crimes while living abroad.

• Government employees working abroad engage in unlawful activities.

• Offences occur on Indian ships or aircraft.

This section safeguards India's sovereignty and legitimate interests, guaranteeing that the nation can indict wrongdoings that in a directly or indirectly affect India or its residents.

Illustrative Examples Of Section 188 CrPC Application

To better understand the practical application of Section 188 CrPC, here are some examples:

Example 1: An Indian Citizen Committing a Crime Abroad

If an Indian resident, while living in an unfamiliar nation, participates in criminal operations, for example, smuggling or financial fraud, they can be tried in India under Section 188 of the CrPC. ⁤⁤However, the Central Government's sanction is important to start the legitimate process. ⁤

Example 2: Crime on Indian Aircraft

If an individual (Indian or foreign) carries out an act of terrorism or any criminal act on an Indian airplane while it is in transit to another country. ⁤⁤Despite the fact that the act happened outside India, the culprit can be arraigned in India because of Section 188, as the offense happened on an Indian-registered airplane. ⁤

Example 3: Crimes by Government Employees Abroad

On the off chance that an Indian government employee working in a foreign embassy or on nomination carries out a crime in a foreign country, for example, corruption or embezzlement, they can be tried under Indian regulation, dependent upon the approval of the Central Government.

Importance Of Central Government Sanction

The requirement for prior sanction from the Central Government serves multiple purposes:

• Diplomatic Relations: By requiring sanction, the Indian government can guarantee that any indictment doesn't hurt worldwide relations. ⁤

• Selective Prosecution: This step guarantees that trivial or politically spurred cases don't obstruct the Indian legal framework.

• National Security Concerns: The Central Government is in a superior situation to evaluate whether arraigning someone in particular in a foreign nation might have security implications for India.

Challenges And Criticism Of Section 188 CrPC

Although Section 188 CrPC is an essential device for broadening Indian jurisdiction past its borders, it faces a few challenges and criticisms:

• Delay in Sanction: Frequently, acquiring the sanction from Central Government can take time, prompting defers in the legitimate process.

• Diplomatic and Political Issues: At times, indicting people for wrongdoings perpetrated abroad could prompt discretionary strains with foreign administrations.

• Coordination with Foreign Authorities: To accumulate proof, witnesses, or extradite accused people, the Indian authorities should help out their foreign partners, which can sometimes be a difficult and extensive process.

Landmark Judgments

Nerella Chiranjeevi Arun Kumar v. State of Andhra Pradesh (2021)

In this case, the Supreme Court held that under Section 188 of the CrPC, a criminal trial against an Indian citizen for offences committed abroad cannot proceed without Central Government approval. However, this sanction is only required after the court takes cognizance of the offence, not during the initial stages. The reasoning is that investigation, as the first step, is crucial for gathering evidence, and requiring early approval could delay the process. This approach also eases the burden on the Central Government by eliminating the need for sanction at the investigation stage.

Sartaj Khan v. State of Uttarakhand (2022)

In this case, the Supreme Court ruled that the Central Government's approval under Section 188 of the CrPC, is only required when the entire offence was committed outside of India for the purpose of trial. In the event where some of the crime was done outside of India's borders and some of it was committed there, no approval is needed at any point for the crime to be tried or investigated.

M. Amanulla Khan v. Sajeena Vahab and Ors. (2024)

The petitioner asked the Kerala High Court to dismiss the FIR filed against him. He had been working in Dubai and was accused of misusing his authority to withdraw money from his company's account, which was then transferred to his and his wife's accounts in Kollam, Kerala. The petitioner's lawyer argued that, since the crime occurred outside India, the Investigating Agency needed prior approval from the Central Government under Section 188 of the CrPC. However, the High Court dismissed the case, stating it had no merit.

Conclusion

⁤Section 188 of the CrPC assumes a pivotal part in guaranteeing that Indian residents and people on Indian-enlisted vessels or aircraft stay responsible for Indian regulations, regardless of where an offence is committed. ⁤⁤By expanding Jurisdiction past national borders, the arrangement highlights India's obligation to maintain lawful and moral guidelines for its residents, both domestically and internationally. ⁤⁤However, the prerequisite of prior sanction from the Central Government presents a fundamental layer of scrutiny, guaranteeing that only legitimate cases are indicted, adjusting the nation's legal and diplomatic interests.

About The Author:

Adv. Rajeev Kumar Ranjan, practicing since 2002, is a renowned legal expert in Arbitration, Mediation, Corporate, Banking, Civil, Criminal, and Intellectual Property Law, along with Foreign Investment, Mergers & Acquisitions. He advises a diverse clientele, including corporations, PSUs, and the Union of India. As founder of Ranjan & Company, Advocates & Legal Consultants, and International Law Firm LLP, he brings over 22 years of experience across the Supreme Court of India, High Courts, tribunals, and forums. With offices in Delhi, Mumbai, Patna, and Kolkata, his firms provide specialized legal solutions. Adv. Ranjan is also Government Counsel in the Supreme Court and has earned numerous national and international awards for his expertise and dedication to clients.