Hon’ble Apex Court Ruled : Section 188 Cr.P.Code Will Not Apply Where Part Of The Offense Is Committed In India
Hon’ble Apex Court Ruled : Section 188 Cr.P.Code Will Not Apply Where Part Of The Offense Is Committed In India
The Hon’ble Apex Court ruled that Section 188 of the Code of Criminal Procedure does not apply if a part of the offense was committed in India.
Aaccording to a bench of Justice Uday Umesh Lalit, Justice S. Ravindra Bhat and Justice P.S. Narasimha, this provision applies when the entire offense is committed outside India, and grant of sanction would allow the investigation or prosecution of such offense in India.
In this case, the Uttarakhand High Court overturned the acquittal order of the trial court and convicted the accused of offenses punishable under Sections 363, 366-B, 370(4), and 506 of the Indian Penal Code as well as Section 8 of the POCSO Act. The accused is accused of bringing a minor girl from Nepal to India for exploitation.
One of the arguments made by the accused in their appeal to the Supreme Court was that the requirements of section 188 of the Code of Criminal Procedure, 1973 were not fulfilled, and no sanction as per the said section was placed on record and that, in the absence of such sanction, the accused could not be prosecuted.
Even if an offense has been committed outside India, (a) by a citizen, whether on the high seas or elsewhere, or (b) by a non-citizen on a ship or aircraft registered in India, India may be tried for offense under section 188 Cr.P.Code.
Dismissing the appeal, the court observed that the offenses alleged against the appellant were properly enforced and fully supported.
