An offence committed under 498A cannot be tried with the sanction of the central government as per section 188: Kerala HC
Last Updated on June 15, 2024 by News Desk
It was held by the Kerala HC that criminal proceedings under section 498A of the IPC initiated against a man who has been residing in Australia cannot proceed in India without prior sanction of the central government.
However, if a part of the offence has taken place in India then the same would not need permission from the government.
Issue:- In the case before the court, the alleged actions had taken place in Australia, therefore the court concluded that the prosecution of the same in India was invalid without permission from the government.
A petition was filed by the man who was accused of cruelty by his wife, whereby he challenged the registration of the criminal case in India.
It was argued that since the sanction required under section 188 was not obtained the said prosecution would not be valid.
However, the prosecution argued that since a certain part of the offence was committed in India. The accused had threatened the complainant when she was residing in India.
Analysis:- The court relied on the case of Sartaj Khan v State of Uttarakhand and said that the sanction that has been mandated under section 188 of the crpc, would not be required even if a part of the offence had been committed in India.
The court thought that all the acts that have been mentioned were committed outside India, and therefore, the sanction was necessary,
The court thought that the criminal case that was registered fell under the ambit of section 188 and the same was ordered to be quashed.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
