Indian committing crime abroad can be tried in India: SC

New Delhi, Sep 4 (PTI) An Indian citizen who has
committed a crime abroad can be prosecuted in the country but
the trial cannot commence beyond the cognisance stage without
prior sanction of the government, the Indian Supreme Court has
held.
A bench comprising justices Altamas Kabir, Cyriac Joseph
and S S Nijjar rejected the plea of NRI Thota Venkateswarlu
that the trial court in Andhra Pradesh cannot take cognisance
of a complaint of harassment, dowry demands and criminal
intimidation lodged by his wife, as the couple were living in
Botswana.
The NRI's wife Parvathareddy Suneetha returned from
Botswana and lodged the complaint with the police which filed
a charge sheet in the court of the additional munsif
magistrate, Addanki, Prakasham district against her husband
and other relatives.
The apex court said, "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.
"The proviso, however, indicates that such offences
could be inquired into or tried only after having obtained the
previous sanction of the central government."
Justice Kabir said Section 188 is a fetter on the powers
of the investigating authority to inquire into offence to the
extent that it can be done only with the previous sanction of
the central government.
"The fetters, however, are imposed only when the stage
of trial is reached, which clearly indicates that no sanction
in terms of Section 188 is required till commencement of the
trial.
"It is only after the decision to try the offender in
India was felt necessary that the previous sanction of the
central government would be required before the trial could
commence." Accordingly, the apex court said up to the stage of
taking cognisance, no previous sanction would be required from
the central government in terms of the proviso to Section 188
CrPC.
"However, the trial cannot proceed beyond the cognisance
stage without the previous sanction of the central government.
"Accordingly, offences committed in Botswana by an
Indian citizen would also be amenable to the provisions of the
Indian Penal Code, subject to the limitation imposed under the
proviso to Section 188 CrPC," the bench said.
The lower court had taken cognisance of the charge sheet
and issued summons to the husband who moved the Andhra Pradesh
High Court.
The High Court quashed the complaint against the other
family members but sustained the same against Venkateshwaralu.
He later appealed in the apex court on the ground that
the alleged offence occurred in a foreign country and no prior
sanction was obtained by the magistrate from the central
government as required under the statute.
The couple were married in India on November 27, 2005 as
per Hindu traditions.