[1]Resolving a major legal problem of millions of Indians living abroad, the Supreme Court in a significant judgment has ruled that an Indian citizen can lodge complaint back home with the police for an offence under IPC committed against him by a fellow citizen in a foreign country.
The judicial magistrate of appropriate jurisdiction has to take cognizance of all such cases registered by post from abroad with the police station of concerned jurisdiction but trial could proceed only after sanction was obtained from the Union government.
Resolving the ticklish question of law whether the jurisdiction of Indian courts would extend to Indians living in different countries for an offence committed there under IPC, a bench of Justices Altamas Kabir, Cyric Joseph and S.S. Nijjar ruled that an Indian citizen has the right to proceed against a fellow Indian in a court back home for the offence committed against him or her abroad.
In the judgment given in a dowry harassment case lodged by a woman from Andhra Pradesh against her husband from Botswana with Sitharama Police station in Prakasm district of the state, the apex court said "the provisions of IPC have been extended to offences committed by any citizen of India in any place within and beyond India by virtue of section 4 of the code."
“Up to the stage of taking cognizance (by trial court), no previous sanction would be required from the Central government in terms of the provisions of section 188 of CrPC. However, the trial cannot proceed beyond cognizance without the sanction of government," the court held.
If the offence was a sequel of events starting from India and a part of it was completed abroad, the trial judge could proceed without sanction from the Union government, the top court clarified.
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