Offences Committed Outside India: Central Govt. Sanction Not Required To Arrest An Accused During Investigation [Read Judgment]

The Kerala High Court has held that the bar under Section 188 of the Code of Criminal Procedure does not affect the power of arrest and detention available to the Police authorities in cases where the allegations pertains to commission of offences allegedly committed outside India, even when the sanction of the Central Government has not been obtained. by the Magistrate in respect of a case involving offence committed outside India without the sanction of the Central Government under the proviso to Sec. is accepted, then the inevitable result would be that though the Police can formally investigate the offence committed outside India even without the sanction, they will be totally denuded with the power of arrest, detention, etc. It is a matter of common knowledge that such cases involving offences committed outside India will not be very few and there could be many such cases in many States in India and if the view canvassed by the petitioner is accepted, then it would amount to holding that after registration of the FIR, even for arrest of the accused where it is found necessary, would have to wait until the Central Government takes a decision on the question of sanction as per the proviso to Sec.