CrPC Section 188: Offenses Committed Outside India – Explained

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CrPC Section 188: Offenses Committed Outside India – Explained

1. Code:

Section 188 of the Code of Criminal Procedure, 1973 (CrPC)

2. Explanation:

Section 188 of the CrPC deals with offenses committed outside India by Indian citizens or persons subject to Indian law. It outlines the jurisdiction of Indian courts to try such offenses, particularly when:

  • The offense affects India’s security, interests, or public order.
  • The offense involves a conspiracy or attempt to commit an offense within India.
  • The offense is committed by an Indian citizen or a person subject to Indian law, and the Indian government decides to prosecute.

The section also addresses the issue of extradition, where a person accused of an offense outside India can be brought back to India for trial.

3. Illustration:

Consider a scenario where an Indian citizen living abroad commits a cybercrime that targets an Indian government website, causing disruption and damage. This act, although committed outside India, falls under Section 188 as it directly affects India’s security and public order. Consequently, Indian courts can assume jurisdiction over the case, and the offender may be extradited to India for trial.

4. Common Questions and Answers:

Q1: Can an Indian citizen be tried in India for an offense committed abroad?

A1: Yes, under Section 188, if the offense satisfies the conditions mentioned in the section.

Q2: What are the conditions for an offense committed abroad to be tried in India?

A2: The offense must affect India’s security, interests, or public order; involve a conspiracy or attempt to commit an offense within India; or be committed by an Indian citizen or a person subject to Indian law, with the Indian government deciding to prosecute.

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Q3: What is extradition, and how does it relate to Section 188?

A3: Extradition is the process of transferring a person accused of a crime from one country to another to face trial. Section 188 allows for the extradition of persons accused of offenses committed outside India to India for trial.

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