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Even After Cognizance Of Offence Has Taken, Central Government May Accord Sanction
The Supreme Court in the case of Gauri Rohan Bedekar v. Sujatha Sanjay Bedekar & Ors., held that the Central Government may accord sanction to proceed with the trial for offences committed outside India even after congnizance of offence is taken.
The Hon'blt Court held that the Central Govt. can accord sanction under the proviso to Section 188 of the Code of Criminal Procedure of 1973 which states that no offence which is committed outside India shall be inquired into or tried in India except with the previous sanction of the Central Government.
The Bombay High Court had stayed the criminal proceedings in the case after noting that in the case the offences alleged against the accused is said to have been committed in Australia.
In appeal filed against the said order, the complainant presented before the bench comprising of Justice Rohinton Fali Nariman and Justice S. Ravindra Bhatsaid said that the judgement reported in Thota Venkateswarlu v. State of A.P., wherein it was made clear that the Central Government can accord sanction under the proviso of Section 188 of the Code of Criminal Procedure, 1973 to proceed with the trial even after taking cognizance of offence. Also, they observed no need to stay further investigation in the FIR.
Previously, the Court had held in Thota Venkateshwarulu Vs. State of Andhra Pradesh that the court may accord sanction to proceed with the trial even after taking cognizance of offence.
The question for consideration before the Supreme Court in the above case was that whether when series offence arising out of same transaction committed within India and some outside India could be tried together without the sanction of the central government. In the above case the Court observed that the language of Section 188 is quite clear that when an offence is committed outside India by a citizen of India, he may be dealt with in respect of such offences as if they had been committed in India. However, the proviso states that such offences could be inquired into or tried only after having obtained the previous sanction of the Central Govt.
The proviso to Section 188 is a fetter on the powers of the investigating authority to inquire into or tey any offence mentioned in the earlier part of the section. The fetters are imposed only after the stage of trial is reached as the same is clear from the terms of section 188. The Section indicates that no permission is required till the commencement of trial.
The bench further observed that it is only after the decision to try the offender the question of permission from Central Government is required. However, the trial cannot proceed beyond the stage of taking cognizance of offence without the past sanction of the Central Government.
Relying on the above-mentioned judgment, the Supreme Court ruled that the Central Government can accord sanction even after cognizance of offence is taken. Thereby, setting aside the order of the Bombay High Court.
