Current Affairs

Source: Kerala High Court

Why in News?

Recently, the Kerala High Court in the matter of M. Amanulla Khan v. Sajeena Vahab and Ors., has held that the provisions of Section 188 of the Criminal Procedure Code, 1973(CrPC) is attracted only when the entirety of the offence is committed outside India.

What was the Background of M. Amanulla Khan v. Sajeena Vahab and Ors. Case?

• In this case, the petitioner approached the Kerala High Court to quash the FIR registered against him.
• The petitioner was working in Dubai and is alleged to have unauthorizedly withdrawn money from the account of the company by misusing the power.
• The amount so misappropriated has been transferred to his personal account and the account of his wife in various banks in Kollam District.
• The learned counsel for the petitioner stated that as the offences were committed outside India the Investigating Agency was not competent to enquire into the allegations except with the previous sanction of the Central Government as provided in Section 188 of the CrPC.
• The case was dismissed by the High Court as it lacked merit.

What were the Court’s Observations?

• Justice K. Babu observed that if the offence was not committed on its entirety, outside India, the matter would not come within the scope of Section 188 CrPC and there is no necessity of any sanction as mandated by the proviso to Section 188.
• The Court further concluded that in view of the settled law, the contention of the petitioner relying on Section 188 of CrPC fails.

What is Section 188 of CrPC?

About:

• Section 188 of CrPC provides for the trial and inquiry when an extra-territorial jurisdiction comes into play. it deals with offences committed outside India.

Legal Provision:

• This Section states that 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.

Case Laws

• In the case of Nerella Chiranjeevi Arun Kumar v. State of Andhra Pradesh (2021), the Supreme Court observed that as per Section 188 of CrPC, the trial of a criminal case against an Indian citizen for the crimes committed at a place of action outside of India, cannot begin without the approval of the Central Government.
• In the case of Sartaj Khan v. State of Uttarakhand (2022), the Supreme Court held that the sanction of the Central Government under Section 188 of the CrPC is only necessary when the entire offence was committed outside India.