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Crpc 188 and central govt permission procedure in 498a

(Querist) 20 September 2014 This query is : Resolved 
Hello All:

I filed for discharge Petition CrPC 239 read with CrPC 188 in the trial court. The reason I filed this is because as per the 498a FIR and the Chargesheet, all the alleged crimes happened in a foreign country and non happened in India

As per CrPC 188, Central Govt permission is required to inquire into by the police or tried by public prosecutor for any crimes committed by an Indian national in a foreign country.

- Can you tell me how the process is initiated?
- What is the process and how long does it take for it to be approved or denied?
- What are the grounds for approval or denial of permission?
- Who should the police/Public Prosecutor/Complainant approach for such permission?
- If Central Govt. gives permission to the public prosecutor to proceed with the case, can I appeal it?

Regards
Devajyoti Barman (Expert) 20 September 2014
Court can take cognizance of the offence even if committed on foreign land but during trial sanction from govt. is required to be taken.
Q Slinger (Querist) 21 September 2014
Devajyoti, as per 188 even the police has to take permission of the central govt to conduct investigation.

Anyhow...my question were regarding the process of applying permission to the central govt. Would appreciate it if you could help with the answers. Thanks
Sudhir Kumar, Advocate (Expert) 21 September 2014
the provision to section reads as under

"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."


Hence I could not agree wot Mr Barman.

Raj Kumar Makkad (Expert) 21 September 2014
Prior permission is required to be obtained and it is not optional for a Court to try a matter which has not been committed even in India what to talk of outside his jurisdictional area.
Q Slinger (Querist) 08 March 2015
Answers found here:

http://www.lawyersclubindia.com/forum/Crpc-188-and-central-govt-permission-procedure-in-498a-109502.asp#.VPxo_vlSzsw
Q Slinger (Querist) 08 March 2015
Please refer to the above post for the accurate answers regarding CrPC 188



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