CrPC Section 4, 188 And Extradition From The CBI’s Site

The CBI, describes action to be taken under section 188 as:

In case the fugitive criminal is an Indian national, action can also be taken under Section 188 Cr.P.C., 1973 as if the offence has been committed at any place in India at which he may be found. The trial of such a fugitive criminal can only take place with the previous sanction of the Central Government.

They omitted the part about the inquiry of the offence which is contained in the CrPC as described 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.

Please understand Section 4 of the CrPC as well:

Section 4 of the Indian Penal Code reads as under:-

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.

Explanation.In this section the word offence includes every act committed outside India which, if committed in India, would be punishable under this Code.

Illustration: A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may he found.

The CBI explains extradition at its website. Here is the link:

http://cbi.nic.in/interpol/extradition.php#mea

_________________________________________________

Section 4 of the Indian Penal Code reads as under:-
“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.
Explanation.–In this section the word “offence” includes
every act committed outside India which, if committed in
India, would be punishable under this Code.
Illustration
A, who is a citizen of India, commits a murder in
Uganda. He can be tried and convicted of murder in any
place in India in which he may he found.”

1 Response to “CrPC Section 4, 188 And Extradition From The CBI’s Site”


  1. 1 Rajan Kalavadia December 7, 2009 at 5:22 pm

    Both these sections are contradictory to each other.They also vest a kind of discreation with the govt to prosecute a person or not.This discreation indirectly puts a judicial process at the mercy of the executive.And this is contarary to the principle of independent judiciary.This is a kind of legislative terrorism.Marraige laws amendment act are good examples of it where a so called “strong lady” prime minister took the entire parliament under her and passed whatever she could have desired.These people are now back in power and they will do these legislative terror acts again and again.

    Like


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In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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