The Supreme Court has significiently observed that Section 188 CrPC will not be attracted if part of the offence is committed in India.

The full-bench of Justice Uday Umesh Lalit, Justice S. Ravindra Bhat and Justice PS Narasimha stated that an offence, not committed in its entirety, outside India, shall not come within the scope of Section 188 CrPC and therefore sanction will not be required.

In the present appeal, the impugned order of the Uttrakhand High Court reversing the Trial Court judgement whereby it had acquitted the accused for the offences punishable under Sections 363, 366-B, 370(4) and 506 of the IPC, and under Section 8 of the POCSO Act has been assailed.

The accused now stands convicted for allegedly importing a minor girl, from Nepal to India, for exploitation. In the present appeal before the High Court, he has raised the contentions that the requirements under Section 188 CrPC were not satisfied and no sanction was placed on record; making the trial extra-jurisdictional.

Learned Counsel for the State in opposition to the appeal, argued that the view taken by the High Court does not call for any interference.

The Court accepted the contention, and noted:

"As the facts and circumstances of the case indicate, a part of the offence was definitely committed on the soil of this country and as such going by the normal principles the offence could be looked into and tried by Indian courts. Since the offence was not committed in its entirety, outside India, the matter would not come within the scope of Section 188 of the Code and there was no necessity of any sanction as mandated by the proviso to Section 188."

Further, the Court remarked that it is true that the victim had traveled on her own but the evidence on record completely establishes that she was lured into coming to India making the case against the appellant fully substantiated.

Section 188 CrPC: Offence committed outside India

“188. Offence committed outside India.—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.”

In terms of Section 188, even if an offence is committed outside India, (a) by a citizen whether on the high seas or anywhere else or (b) by a non-citizen on a ship or aircraft registered in India, the offence can still be tried in India provided the conditions mentioned in said Section are satisfied. The Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India.

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