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
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
India, Sec. 188 Cr.P. C. is
attracted. Admittedly, the previous sanction of the Central
Government as envisaged by the proviso to Sec. 188 ... paragraph
30 as follows:-
"Even under Sec. 188 of the Code of Criminal Procedure,
investigation of an offence committed outside Indian
territory
with the procedure laid down in section 202 Cr.P.C. Section 202 Cr.P.C. was amended by Criminal Procedure Code Amendment ... requirement of procedure laid down under section 188 viz-a-viz 202 of the Code of Criminal Procedure .
Per contra learned for the complainant
should be quashed.
Fourthly, Section 188 read with Section 177 and Sections 2(g) and 2(h) Cr.P.C. cover the present case. According ... defined under Section 2(g) as every inquiry, other than a trial, conducted under this Code by a Magistrate or Court. Section 188
provisions of the Indian Penal Code , subject to the limitation imposed under the proviso to Section 188 Cr.P.C."
14.On the strength ... offence under Section 326 IPC would not be triable without permission granted by the Central Government in view of proviso of Section 188
Code of Criminal Procedure. Counsel for the petitioner further contended that section 178 of the Code of Criminal Procedure (hereinafter referred to as 'Code ... Code of Criminal Procedure , 1973 (in short "the Code") deals with jurisdiction of the criminal courts in inquiries and trials. Sections
offences punishable under Section 120B IPC
and Section 12 of the Passports Act along with the sanction under Section
188 Cr.P.C. The petitioner ... provided for by Section 4 of the IPC and
the procedure to inquire and try it is contained in Section 188
CrPC. Effect
done only by following the procedure stipulated under the
Cr.P.C . Section 188 of the Cr.P.C. deals with offences
committed outside India ... clear that the trial of
the criminal case cannot commence without sanction
being accorded under Section 188 Cr.P.C.
IN view of the aforesaid
taking
cognizance is illegal in view of Section 4 of I.P.C and Section 188 of
Cr.P.C.
If the above principle ... with 34 of I.P.C . and under Section 4 of Dowry Prohibition Act,
permission under proviso to Section 188 of
