Offences Committed Outside India: Central Government Sanction not required to arrest an accused during the investigation.
On 2nd August 2019 in the High Court of Kerela at Ernakulam Honourable Justice Alexander Thomas gave a judgment in which it was said that –
“Only those inquires within the ambit of sec 2(g) of the Cr.P.C which are in post cognizance stage, alone would come within the zone of Prohibition contained in the proviso to sec 188 of the Cr.P.C.”
Before moving ahead let’s know about some bare provisions mentioned above –
Sec 2(g) of the Cr.P.C – “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.[1]
Sec 188 of the Cr.P.C – Offence committed outside India. 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.[2]
In the Case of Mohammad Shammer Ali vs. State of Kerela, the accused raised that the offence is committed outside the territorial limits of the Union of India and by the provision of section 188 Cr.P.C no such cases will be tried in India from now on. In Sanoop v. State of Kerela, in the case the issue of remand consideration was in discussion under section 167(2) Cr.P.C in regard of the case for offence committed outside India without the sanction of the central government would be barred under the proviso of section 188 of Cr.P.C. In this case, it was noted that discussion on remand consideration under section 167(2) would come within the ambit of inquiries given in the proviso of section 188 of Cr.P.C.
Section 167(2) of the Cr.P.C – The Magistrate to whom an accused person is forwarded under this section may, whether he has or has no jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.[3]
Justice Thomas observed the issue and said clearly that the matters of remand under section 167(2) of the Cr.P.C comes under the meaning of Inquiry given in section 2(g) of the Cr.P.C.
It is a good move to less some weight of work from the central government and Judiciary both as through it the accused can be arrested without the nod of the central government which may delay the investigation and trial work.
Hence, Central sanction not required to arrest an accused of the offences committed outside India.
Submitted by –
Bibhanshu Mishra
Student Reporter, INBA.
[1] https://indiankanoon.org/doc/132965/
[2] https://indiankanoon.org/doc/1127398/
[3] https://indiankanoon.org/doc/839149/