The Supreme Court in the case of Gauri Rohan Bedekar vs. Sujatha Sanjay Bedekar & ors held that the central government can accord sanction to proceed with the trial for offences committed outside India even after taking congnizance of offence.
Brief facts:
In the present case the Bombay High court taking note of the fact that the offences with which the accused is charged has been committed in Australia granted stay of the criminal proceedings owing to section 188 of criminal procedure code. Aggrieved by the said order the complainant has filed the present appeal before the Division Bench of Supreme Court comprising of Judges Justice Rohinton Fali Nariman and Justice S.Ravindra Bhat.
Key features:
1. The Supreme Court earlier this month held in Thota Venkateshwarulu Vs. State of Andhra Pradesh that the court can accord sanction to proceed with the trial even after taking cognizance of offence.
2. 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.
3. In the above case the court observed that the language of Section 188 is quite clear that for the offence committed outside India, the previous permission of the central government is required to proceed with the trial. The question here is at what stage the permission of the central government is required.
4. The court observed that 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.
5. The court 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 after the stage of taking cognizance of offence without the sanction of the central government.
Relying on the above judgment, on 06/03/2020 the court ruled that the central government can accord sanction even after taking cognizance of offence thereby setting aside the order of the Bombay High Court.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
