Cognizance can be taken by Indian courts
Indian criminal courts have enough powers to take cognizance and conduct trial of any offence an Indian citizen has committed outside India.
But the trial in the case cannot commence without previous sanction of the Central Government under, Section 188 of the Code of Criminal Procedure, 1973 (CrPC).
Legal provisions relating to this matter
The legal provisions in this regard are Section 3 and 4 of the Indian Penal Code, 1860 (IPC) and Section 188 of the CrPC.
Section 3 of the Indian Penal Code (IPC)
“Punishment of offences committed beyond, but which by law may be tried within, India. –
Any person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.”
Section 4 of the Indian Penal Code (IPC)
“Extension of Code to extra-territorial offences. —The provisions of this Code apply also to any offence committed by—
- any citizen of India in any place without and beyond India;
- any person on any ship or aircraft registered in India wherever it may be;]
- any person in any place without and beyond India committing offence targeting a computer resource located in India.
Explanation. —In this section—
- the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;
- the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000.
Illustration A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found”.
What Section 188 CrPC says?
Similarly, the Section 188 CrPC deals with the trial procedures of an offence committed outside India. The provision states:
“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 language of Section 188 CrPC is quite clear that when an offence is committed outside India by a citizen of India, he may be dealt with in respect of such offences as if they had been committed in India.
No bar in registering & investigating the crime
The proviso did not impose any bar for registration of the crime and for investigation of the case, even though the offence that was committed by a citizen of India took place outside India. The proviso has imposed bar only to try the case without previous sanction of the Central Government.
Therefore, previous sanction is not required at the stage of taking cognizance. However, the trial cannot proceed beyond the cognizance stage without the previous sanction of the Central Government under the Section.
What the proviso, however, indicates is that such offences could be inquired into or tried only after having obtained the previous sanction of the Central Government. It is only after the decision to try the offender in India was felt necessary by the Magistrate that the previous sanction of the Central Government would be required before the trial could commence.
When offence committed both in India & outside
In case, the accused has committed offences outside India and in India, the Magistrate is free to proceed against the accused in respect of offences committed in India and complete the trial and pass judgment therein, without being inhibited by the other alleged offences for which sanction would be required.
The explanation to Section 4(a) IPC says that the word offence includes every act committed outside India which, if committed in India, would be punishable under the IPC.
The Section cloths Indian Courts with jurisdiction
In order to try an accused under the Section 188 CrPC, it is enough that the accused is found anywhere in India.
The object underlying the provision is that a fugitive who has committed an offence outside India cannot complain that he is being tried by a court of no jurisdiction. It is the convenience of the victim that will be taken into account and not that of the accused. The Section confers extra judicial jurisdiction in respect of offences committed outside India by Indian citizens.
When offences are allegedly committed by a citizen of India within the country and outside as well, both the courts – where the offence was allegedly committed in India and also where the accused on being brought to India is found – would have territorial jurisdiction to try the offences so committed.
In what manner evidence can be collected
When any offence is committed outside India the central government can direct that the copies of depositions made or exhibits produced before a judicial officer in or for that territory shall be received as evidence by the court holding such inquiry or trial.
Such court can issue a commission for taking evidence as to the matters in such depositions or exhibits.
Additional reading
- Nerella Chiranjeevi Arun Kumar v The State of Andhra Pradesh
- Thota Venkateshwarlu v State of A.P.Tr.Princl.Sec.& Anr : SPL (CRL) NO.7640 OF 2008
- Ajay Agarwal v Union of India and Ors : 1993 AIR 1637
- Gauri Rohan Bedekar v Sujata Sanjay Bedekar: Crl Appeal No 394 of 2020
- P T Abdul Rahiman v State of Kerala : 2012 (4) KLT 90
