Sanction Not Needed for Cognizance, Mandatory for Trial Commencement as per Section 188 Cr.P.C.
In a landmark judgment, the Kerala High Court, presided over by Justice C. Pratheep Kumar, has elucidated the nuances of Section 188 of the Criminal Procedure Code (Cr.P.C.), concerning offences committed outside India. The court held that while taking cognizance of such offences does not necessitate prior sanction from the Central Government, the commencement of the trial unequivocally requires it.
This judgment emerged from a suo motu revision petition concerning a case where the accused was charged with rape under Section 376 of the Indian Penal Code. The offence allegedly took place in Kuwait, and the trial proceedings had been initiated by the Sessions Court in Kerala without obtaining the necessary sanction from the Central Government.
The legal proceedings commenced with the police registering a crime in Vazhakkad, Kerala, based on the complainant's statement. The case was subsequently committed to the Sessions Court after the Magistrate complied with the necessary statutory procedures. However, during the trial, the defence counsel raised an objection regarding the jurisdiction, citing the absence of Central Government sanction as mandated by Section 188 Cr.P.C. for offences committed abroad.
Justice Kumar referenced pivotal judgments from the Supreme Court, notably Thota Venkateswarlu v. State of Andhra Pradesh and Nerella Chiranjeevi Arun Kumar v. State of Andhra Pradesh, which clarified that while the proviso to Section 188 serves as a constraint on the powers of the investigating authority, this constraint is applicable only at the trial stage. The Supreme Court had previously asserted that no sanction is required until the trial commences.
The Kerala High Court's decision reinforces that the initial cognizance of an offence by the Magistrate and the subsequent committal to the Sessions Court were procedurally correct. However, it emphasized that the trial cannot advance without the requisite Central Government sanction, aligning with the provisions of Section 188 Cr.P.C.
This judgment not only upholds legal precedents but also delineates the procedural boundaries for handling cases involving offences committed outside Indian territory, ensuring compliance with statutory mandates.
Bottom Line:
Criminal Procedure Code, 1973 Section 188 Sanction of Central Government - Not required at the stage of taking cognizance of an offence committed outside India, but necessary for commencement of trial.
Statutory provision(s): Section 188 Cr.P.C.
Suo Motu v. State of Kerala, (Kerala) : Law Finder Doc id # 2843017
