Section 188 Cr.PC and jurisdiction of Courts

It was held by the Honourable High Court of Delhi that, if an Indian citizen commits a crime in a foreign territory and was arrested in any part of Indian Territory, then more than one courts in India has got the jurisdiction to try such cases.

Such an observation was made by the Delhi High Court while dealing with a case of the accused who got arrested in Delhi for making fake passport in Sydney and Zimbabwe. Though it was argued by the accused that, since the fake passport was made in Bangalore, the case shall be transferred to Bangalore; Delhi High Court didn’t accept such a plea.

It was contented by the accused that, though he committed offences related to fake passport in Australia and Harare, the cause of action of such crimes arose in Bangalore, as the fake passports are made there.

However, court while rejecting such plea of the accused held that, if an Indian citizen commits a crime in a foreign territory and was arrested in any part of Indian Territory, then Section 188 of the Code of Criminal Procedure will apply.

Under Section 188 of Cr.PC, any court in India can try the case if the accused is arrested in India for committing any offence in a foreign country.

Section 188 of the Code of Criminal Procedure Code (Cr.PC) deals with offence committed outside India. By virtue of Section 188, 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 com- mitted 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.

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