SC rules, Sanction under Sec.188 CrPC can be given even at post Cognizance stage. [Read the Judgement]

In its last week Friday Judgement, Supreme Court of India has held that the Central Government may accord sanction under the proviso to Section 188 of the Code of Criminal Procedure, 1973, even after taking cognizance of offence.

The verdict came out in case titled as GAURI ROHAN BEDEKAR vs. SUJATA SANJAY BEDEKAR.

What is Section 188 of the Code of Criminal Procedure, 1973?

Provision to Section 188 CrPC provides that no offence which is committed outside India shall be inquired into or tried in India except with the previous sanction of the Central Government.

CASE BACKGROUND

The Bombay High Court in the present case took note that the offences alleged against the accused is said to have been committed in Australia. Observing this, it stayed the criminal proceedings in the case.

Aggrieved by the order, the complainant approached the Supreme Court, wherein the bench comprising of Justice Rohinton Fali Nariman and Justice S. Ravindra Bhat said:

Read Judgement Delivered in Thota Venkateswarlu v. the State of A.P.

(The Supreme Court, in this case, had considered the issue whether, in respect of a series of offences arising out of the same transaction, some of which were committed within India and some outside India, such offences could be tried together, without the previous sanction of the Central Government, as envisaged in the proviso to Section 188 Cr.P.C.)

The Learned Counsel included Advocate Shankey Agrawal and Advocate Arvind S. Avhad.

The order was passed by a bench comprising of Justice Rohinton Fali Nariman and Justice S. Ravindra Bhat on 06-03-2020.

Read Order Here: