Offence committed outside India
Section 188 of the Code of Criminal Procedure, 1973 deals with offence committed outside India. When an offence is committed outside India- (a) by a citizen of India, whether on the high seas or elsewhere; The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 com- mitted 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.
Section 188, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 208 Offence committed outside India Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 3
- s. 189 Receipt of evidence relating to offences committed outside India
- s. 195 Prosecution for contempt of lawful authority of public servants, foroffences against public justice and for offences relating to documentsgiven in evidence
- s. 300 Person once convicted or acquitted not to be tried for same offence
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Dr.vikram Khatri vs State
Court's Decision & Legal Precedent
A Metropolitan Magistrate does not commit an error in hearing applications under Section 188 Cr.P.C. read with Section 239 Cr.P.C. together with arguments on charge, as the factual and legal matrix required for deciding both issues substantially overlaps. However, if the Magistrate concludes that sanction under Section 188 Cr.P.C. is mandatory and has not been obtained, the trial cannot proceed. The High Court will not interfere under Section 482 Cr.P.C. with such a procedural order merely because the petitioner contends it causes prejudice, absent a clear showing of abuse of process or violation of natural justice.
On this section: Requirement for Central Government sanction before proceeding with inquiry and trial for offences committed outside India; characterized as mandatory provision with non-obstante clause
-
Madhusudhan Jayaramu vs State of Karnataka
Court's Decision & Legal Precedent
When an offence is alleged to have been committed outside India by an Indian citizen, the investigating agency must comply with the mandatory procedure prescribed under Sections 188, 105K, and 166A of the Code of Criminal Procedure, 1973, including obtaining sanction from the Central Government and recording statements of witnesses through letters of request to foreign courts. Failure to follow this procedure, combined with an incomplete investigation lacking statements from key witnesses and based solely on interested testimony without corroborating material, renders the charge sheet defective and the prosecution an abuse of process, warranting quashing of the charge sheet and entire proceedings under Section 482 CrPC.
On this section: Procedure for offences committed outside India; the court held that this section mandates obtaining sanction from Central Government and following prescribed procedures, which were not complied with in this case
-
Captain Am Karandikar vs State of Nct of Delhi
Court's Decision & Legal Precedent
Petitions challenging an FIR may be withdrawn with liberty to raise substantive defences regarding sanction validity, evidence sufficiency, and limitation before the Trial Magistrate at the stage of framing charges under Section 251 Cr.P.C., provided the respondent-State does not object to such withdrawal.
On this section: Sanction requirement for prosecution in certain criminal cases; validity of sanction is a substantive issue to be raised at appropriate stage
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… We have heard Mr. Jitendra Mohan Sharma, learned Senior Advocate in support of the appeal, and, Mr. Jatinder Kumar Bhatia, learned Advocate for the State. 10. Mr. Jitendra Mohan Sharma, learned Senior Advocate submits inter alia: - (a) The requirements under Section 188 of the Code of Criminal Procedure, 1973 were not satisfied and no sanction in terms of said Section was placed on record; and that in the absence of such sanction, the appellant could not have been tried. - (b) There was no allurement which was extended by the appellant and the victim had gone from Kathmandu to …
Questions about Section 188
What have the courts held on Section 188 of the Code of Criminal Procedure?
Dr.vikram Khatri vs State (15 Jan 2013) is the leading judgment on this section among those set out below: Requirement for Central Government sanction before proceeding with inquiry and trial for offences committed outside India; characterized as mandatory provision with non-obstante clause. Another 2 judgments on this section are set out below. They run from 2013 to 2024.
How do I find court cases under Section 188 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 188, section 188 CRPC, section 188 of the Code of Criminal Procedure. People searching for it also type crpc 188 in bnss. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Dr.vikram Khatri vs State (15 Jan 2013).
What should I read with Section 188 of the Code of Criminal Procedure, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 208 (Offence committed outside India), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 188 of the Code of Criminal Procedure come into force?
Section 188 of the Code of Criminal Procedure, cited as CRPC 188, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.