LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sachin (Student)     23 January 2013

Jurisdiction of uae courts

If a crime is committed by an Indian against an Indian in UAE, does UAE courts have the jurisdiction over that matter.
If yes, then can he take the plea of double jeopardy if a case is initiated in India also on the same grounds once he gets acquitted from UAE courts?

Regards.



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 January 2013

Interesting. The UAE Court would definately have jurisdiction in the matter, as all crime is local and court within whose jurisdiction it happens has the jurisdiction. Similarly India also would have jurisdiction by virtue of extra-territorial application of IPC on Indian Citzens anywhere in teh world (S.3/4 IPC). 

Coming to the next part of your question : Section 300 deals with Double Jeopardy (apart from offcourse 20(3) which is a narrower protection) sub section 6 or 7 clearly provides that 300 in no way affects S.188 of the CrPC. Section 188 deals with jurisdictional principle of cases which happen outside India but still are liable to be tried in India (remember S.3/4 IPC). However there is a safeguard the person cannot be tried in India except with the  consent of the Central Government. Here a representation may be made to the Central Government bringing to their knowledge facts highlighting double jeopardy (i.e proceedings in UAE).

 

Good Luck !

sachin (Student)     23 January 2013

Thank you sir for your concern. Further, the accused has been acqutted by the dubai court from the charges levelled against the accused by the father of the victim and right after his acquittal another FIR was lodged in India by the mother of the victim.
There is no government sanction for his trial in India but still he was arrested and criminal proceedings were initiated against him. His writ petition in the High Court was dismissed on the ground of prosecution in a different sovereign jurisdiction and hence the plea of double jeopardy was not accepted by the court.

Would the prosecution amount to double jeopardy? Please explain.

Regards

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 January 2013

1. Not strictly.

2. Sanction is not required for investigation/inquiry but is required for trial. 

3. The very purpose and rationale for introducing the requirement of Sanction was to prevent double jeopardy. 

sachin (Student)     24 January 2013

Sir, it is a moot case and i am supposed to prove double jeopardy in this case.
So, is there any territoriality issue for proving double jeopardy as Art. 20 (2) is silent on this issue.
If you can give me any judgement or authority on this issue.

Regards.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register