Offence in india and out of india
Urjit Shukla
(Querist) 02 July 2014
This query is : Resolved
Dear all experts,
One accused who is citizen of Australia who committed crime u/s 498 A of IPC partly in Australia and partly in India whether he is tried in India u/s 3,4 of IPC? and whether any sanction is necessary of central Govt. u/s 188 of Cr.P.C?
Devajyoti Barman
(Expert) 03 July 2014
Yes, he can be tried in India and since part of it is committed in India no sanction u/s 188 crpc is required.
Sunil S Nair
(Expert) 03 July 2014
You will have to prove the guilt of accused and he should be present in court because if he he outside india then it will be hard to prove case against him as many foreign countrys are against the section 498 A implemented in india where the accused is a citizen of their country
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
Rightly observed and opined by expert Mr. Sunil S Nair. Many foreign countries do not have agood opinion about the provisions of law u/s 498a prevailing in our country, as a matter of fact, our own people are against the misuse of the said law by the wicked ladies in our country. However, since the crimes is reported to have been committed partly in India too, the case can be tried in India.
