Can case be registered in India for offence occurring in foreign country?

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    • #1439
      Anonymous
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      Is it possible to register a case in India when the incident took place in a foreign country? Please tell me whether it is possible.

    • #1481

      In the following 3 situations, a case can be registered in India even if the incident took place outside India:

      • where any offence committed by any citizen of India in any place without and beyond India;
      • where any offence committed by any person on any ship or aircraft registered in India wherever it may be;
      • where any offence committed by any person in any place without and beyond India committing offence targeting a computer resource located in India.

      This is laid down in Section 4 of the Indian Penal Code, which is reproduced below:

      4. Extension of Code to extra-territorial offences.—The provisions of this Code apply also to any offence committed by—

      (1) any citizen of India in any place without and beyond India;

      (2) any person on any ship or aircraft registered in India wherever it may be;

      (3) any person in any place without and beyond India committing offence targeting a computer resource located in India.

      Explanation.—In this section—

      (a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;

      (b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of Section 2 of the Information Technology Act, 2000 (21 of 2000).”

      In such a situation, Section 188 of the Criminal Procedure Code provides that the person committing such offence 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. However, the previous sanction of the Central Government is necessary for inquiring into or prosecuting such offence in India. Section 188 of the Cr.P.C. is reproduced below:

      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.”

       

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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