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Commission of offences Outside India: The Govt. may tender sanction even after the cognizance of an offence is taken: SC

Team SoOLEGAL 9 Mar 2020 6:09pm

Commission of offences Outside India: The Govt. may tender sanction even after the cognizance of an offence is taken: SC

New Delhi: The Apex Court(hereinafter referred to as “the court”) held, according to the proviso of Section 188 of the Code of Criminal Procedure, 1973, the Central Government may grant sanction, even after the cognizance of the offence is taken. 

The said proviso (section- 188 CrPC) provides that, “no offence which is committed outside India shall be inquired into or tried in India except with the previous sanction of the Central Government.”

The bench comprising of Justice. R.F. Nariman and Justice S. Ravindra Bhatt while announcing the verdict relied upon the judgment reported in the case of Thota Venkateswarlu v. State of A.P. and Another [2011 (9) SCC 527],in this case, the decision makes it clear that the Central Government may grant sanction pursuant to Section 188 of the 1973 Code of Criminal Procedure, even after the cognizance of the offense has been made. 

While dealing with the present issue which involved a series of offences committed both outside and inside the territory of India, the court held, “Upto the stage of taking cognizance, no previous sanction would be required from the Central Government in terms of the proviso to Section 188 Cr.P.C. However, the trial cannot proceed beyond the cognizance stage without the previous sanction of the Central Government. The Magistrate is, therefore, free to proceed against the accused in respect of offences having been committed in India and to complete the trial and pass judgment therein, without being inhibited by the other alleged offences for which sanction would be required.



Tagged: Apex Court   Code of Criminal Procedure   Central Government   Section 188   Justice. R.F. Nariman   Justice S. Ravindra Bhatt  
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