Previous Sanction Of Central Government U/S 188 CrPC Not Required At The Stage Of Cognizance But Trial Cannot Commence Without It

Factual Background

• The name of the case is Nerella Chiranjeevi Arun Kumar V. State of Andhra Pradesh.
• A suit had been filed by the accused before the High Court in his petition under Section 482 CrPC, that the alleged crimes were committed in the United States and that, under Section 188 of the Cr.P.C., sanction from the Central Government is required even for the beginning of a criminal inquiry.
• The High Court had dismissed the petition after rejecting this claim.

Referred Cases

• It was held in Thota Venkateswarlu V. State of A.P. Tr. Principal Secretary, that prior Central Government sanction under Section 188 Cr.P.C. for offences committed by an Indian citizen outside the country is not required at the stage of cognizance.
• It was held in Ajay Aggarwal V. Union of India &Ors. that obtaining prior Central Government sanction was not a condition precedent for taking cognizance of offences, because sanction might be obtained before trial began.

Provision Section 188 of Cr.P.C.

• Commission of an offence outside India by an Indian citizen or by a non-Indian citizen, who is aboard a ship or aircraft registered in India, is to be inquired into or tried in India, only with the prior sanction of the Central Government.
• He can be tried anywhere in India, wherever he can be found.
• No such offence shall be inquired into or tried in India, without the prior sanction of the Central Government, irrespective of what is mentioned in the previous sections.

Court’s Observation

• The Supreme Court stated that under Section 188 of the CRPC, the trial of a criminal case against an Indian citizen for crimes committed outside of India, cannot begin without the approval of the Central Government.
• At the time of cognizance, however, such prior sanction is not required.
• While dismissing the SLP, the Court stated that the accused has the right to raise the issue of sanction prior to the start of the trial.

What is your opinion on the Section 188? Do you think Central Government sanction should be a requirement in the provision? Tell us in the comments section below!