Section 188 in The Code of Criminal Procedure, 1973
188. Offence committed outside India.
- When an offence is committed outside India - (a) by a citizen ... 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
having regard to the provisions of
Section 188 Cr.P.C., which provides as follows :-
"188. Offence committed outside India -
When an offence ... been observed hereinabove in the
interpretation of Section 188 Cr.P.C. The proviso
to Section 188, which has been extracted
hereinbefore, is a fetter
domiciled there.
According to section 4 'of the Indian -Penal Code and
section 188 of the Code of Criminal Procedure if at the time ... outside India, and that the provisions of section
4 , Indian Penal Code, and section 188 , Criminal Procedure
Code, were fully attracted to the case
sanction
W.P. ( C) Nos. 13804 of 2008
&
W.P.(C) No. 20817 of 2008 -:12:-
under Sec. 197 Cr.P.C. is illegal ... 188
Cr.P.C. In Shadili v. Uthaman - 1988 (2) KLT 191 a
W.P. ( C) Nos. 13804 of 2008
&
W.P.(C
with the procedure laid down in section 202 Cr.P.C. Section 202 Cr.P.C. was amended by Criminal Procedure Code Amendment ... P. (2011) (9) S.C.C.527,. The aforesaid decisions clearly cull out that sanction under section 188 Cr. P. C is only necessary before
started from 20.12.2007 to 05.09.2008. In view of sections 177, 178 of 209 Cr.P.C . Section 3(r) of General Clause Act the court ... been observed hereinabove in the interpretation of Section 188 Cr.P.C. The proviso to Section 188, which has been extracted hereinbefore, is a fetter
with Section 177 and Sections 2(g) and 2(h) Cr.P.C. cover the present case. According to Section 177 Cr.P.C ... have the territorial jurisdiction is unacceptable.
Section 188 Cr.P.C. reads as under:-
188. Offence committed outside India.- When an offence is committed outside
oath under Section 200 Cr.P.C. Therefore, still, the court
below has not proceeded through Section 200 Cr.P.C., and
has not taken ... Section 202(1) Cr.P.C.
15. It seems that the court below wants to proceed
under Section 202(1) Cr.P.C
Code of Criminal Procedure. Counsel for the petitioner further contended that section 178 of the Code of Criminal Procedure (hereinafter referred to as 'Code ... India, having regard to the provisions of section 188 Cr.P.C.
"188. Offence committed outside India. When an offence is committed outside India
Criminal Procedure Code (Cr. P.C.) provide for the territorial jurisdiction of
the Courts for trial of offences committed in India, whereas Section 188
Cr ... word 'found' used under Section 188 Cr.P.C. observed that:
Crl. M.C. No.2367 of 2016 Page
