The term jurisdiction is composed of two different words- ‘Juris’ meaning law, ‘Dicer’ which means to speak. Thus, the word jurisdiction means authority or power which is given to various legal bodies. When an offence is committed by a citizen of India within the country or outside as well, both the courts where the offence was committed in India or where the accused on being brought to India is found- shall have territorial jurisdiction to try the offence so committed.
Cognizance could be taken by the Indian Courts
- The criminal courts in India have enough powers to take cognizance or conduct trial of a crime committed by any Indian citizen outside India.
- However, such a trial cannot be commenced without the previous sanction of the Indian Central Government, as provided under Section 188 of the Code of Criminal Procedure Code, 1973.
Legal Provisions related to this matter-
The provisions related to the prosecution of crimes committed outside the country have been explained below-
- Section 3 of IPC- it provides that an Indian, in any case has committed a crime outside the country, which is punishable as per the provisions of the Indian law, shall be tried by the Courts in India, in the same manner had the crime been committed in the country.
- Section 4 of the IPC- the provisions of law for the extra-territorial offences shall be applied to any offence committed by-
1. Any Indian citizen at any place beyond India2. Any person on a ship or aircraft registered in India, wherever it may be3. Any person at any place outside India, who has committed an offence by targeting a computer resource located in India.
For example, a citizen of India, having committed a crime in Uganda could be tried and convicted for the crime at any place in India where he is found.
- Section 188 of the CrPC- Section 188 of CrPC deals with the trial procedures of an offence outside India. it provides that, if an offence is committed outside India-
1. By a citizen of the country, on the sea or somewhere else, or2. a person who is not a citizen of the country, however committed the crime on any ship or aircraft which was registered in India.
So committed by such a person shall be dealt with in respect of the offence as if it had been committed at any place within the country where he was found.
However, any search affairs shall be inquired or tried in India only with the previous sanction of the central government.
The language of the provision provided under section 188 of CrPC is quite clear that when an offence is committed outside the country, by any citizen of the country, he shall be dealt with in respect as if the crime had been committed in India.
Conditions in registering and investigating the offence
No bar has been imposed for registering the crime or for the investigation of the case, even though the offence was committed by any citizen of the country which took place outside of India. The only condition which has been imposed by the provision of law is to try previous sanction of the central government.
Hence, previous sanction is not required at the stage of taking cognizance. But the trial cannot continue beyond the initial stage without permission of the central government under this section.
What happens if the offence has been committed both inside and outside India?
In case the offence has been committed outside the country as well inside India, the magistrate is free to proceed against the accused persons with respect of offences committed in India and complete the trial and pass the judgement, without him being inhibited by any other offence for which sanction of the central government would be required.
Conclusion
In order to try an accused under the provision of section 188 CrPC, the accused has to be found anywhere in India.
The main objective of the provision is that a Fugitive who has committed an offence outside the country cannot claim that he is being tried by a court which has no jurisdiction. In case you have suffered from any situation as mentioned above it is advised to seek legal opinion from experienced criminal lawyer in Delhi, a criminal lawyer in Kolkata, criminal lawyer in pune or a criminal lawyer in your own City.
Lead India offers you a team of experienced criminal lawyers who have been successfully dealing with similar cases for year and could offer you advice in accordance to the situation of your case
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