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2008 (5) TMI 691 - SUPREME COURT

2008 (5) TMI 691 - SUPREME COURT - 2008 AIR 2392, 2008 (8) SCR 391, 2008 (6) SCC 789, 2008 (7) SCALE 519 - CRIMINAL APPEAL NO. OF 2008 (Arising out of SLP (Crl.) No.6004 of 2006) - Dated:- 13-5-2008 - SINHA, S.B. AND PANTA, LOKESHWAR SINGH, JJ. JUDGMENT S.B. Sinha, J. 1. Leave granted. 2. Interpretation of Section 4 of the Indian Penal Code and Section 188 of the Code of Criminal Procedure fall for our consideration in this appeal which arises out of a judgment and order dated 12.04.2006 passed .....

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hysical and mental torture by her husband (the first accused). Allegations primarily against the appellant therein were that the first accused used to consult her and she used to instigate him. As the couple was residing at Kuwait, indisputably the entire cause of action arose at Kuwait. The learned Chief Judicial Magistrate, Navsari, however, took cognizance of the aforesaid offences and directed issuance of summons to the appellant by an order dated 30.5.2003. An application was filed by her s .....

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rder taking cognizance is bad in law. Whereas the learned trial judge rejected the said plea, the Revisional Court on a revision application filed by the appellant there against, allowed the same. Respondent No. 2 moved the High Court of Gujarat aggrieved thereby which by reason of the impugned order has been allowed. 4. Mr. Sudarshan Rajan, learned counsel appearing on behalf of the appellant, submitted that having regard to the provisions contained in Section 4 of the Indian Penal Code and Sec .....

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riminal Procedure as also having filed a quashing application which stood withdrawn, the said application was not maintainable. Offences said to have been committed by the appellant in the complaint petition were under Sections 498A and 506(2) of the Indian Penal Code. Provisions of the Indian Penal Code and the Code of Criminal Procedure would, therefore, indisputably apply. Section 4 of the Indian Penal Code reads as under:- "4. Extension of Code to extra-territorial offences.- The provis .....

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a in which he may he found." Section 188 of the Code of Criminal Procedure reads as under: "Section 188 - Offence committed outside India. -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 committed at any place within India at which he may be found: Provided that, notwiths .....

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of the territorial jurisdiction of the court of India to try a case, the cause of action of which took place outside the geographical limits. Parliament indisputably may enact a legislation having extra territorial application but the same must be applied subject to fulfillment of the requirements contained therein. There are materials before us to show that the appellant is a citizen of Mauritius. She has been visiting India on Visas issued by India. She, thus, indisputably is not a citizen of .....

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accused only if the accused is a citizen of India even if the offence was committed outside India or by any person on any ship or aircraft registered in India wherever it may be. Neither of the aforementioned contingencies is attracted in the instant case. Section 188 of the Code of Criminal Procedure also deals with offences committed outside India. Clause (a) brings within its sweep a citizen of India, whether on the high seas or elsewhere, or by a person, although not citizen of India when t .....

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his prosecution was given by the East Punjabn Government, a citizen of India residing in Hodel and that being so, he could be tried in India being a citizen of India at that moment, and having committed offences outside India, and that the provisions of Section 4 I.P.C. and Section 188, Cr. P.C. were fully attracted to the case. In our opinion, this contention is not well founded. The language of the sections plainly means that if at the time of the commission of the offence, the person committi .....

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be dealt with in British India for an offence committed and completed outside British India under the provisions of the sections as they stood before the adaptations made in them after the partition of India. Illustration (a) to Section 4, I.P.C. delimits the scope of the section. It indicates the extent and the ambit of this section. It runs as follows: "(a) A, a coolie, who is a Native Indian subject commits a murder in Uganda. He can be tried and convicted of murder in any place in Brit .....

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was neither the national of that country nor was he domiciled there." Strong reliance has been placed by the learned counsel appearing on behalf of the respondents on Ajay Agarwal vs. Union of India [AIR 1993 SC 1637]. The question which arose for consideration therein was that as to whether a sanction of Central Government for prosecution in terms of Section 188 of the Code of Criminal Procedure was necessary. The said question was answered in the negative stating: "8. The question i .....

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legal means, such an agreement is designated as "criminal conspiracy. No agreement except an agreement to commit an offence shall amount to a criminal conspiracy, unless some act besides the agreement is done by one or more parties to such agreement in furtherance thereof. Section 120-B of the I.P.C. prescribes punishment for criminal conspiracy. It is not necessary that each conspirator must know all the details of the scheme nor be a participant at every stage. It is necessary that they s .....

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rd Denman in Jones' case (1832 B & AD 345) that an indictment for conspiracy must "charge a conspiracy to do an unlawful act by unlawful means" and was elaborated by Willies, J. on behalf of the Judges while referring the question to the House of Lords in Mulcahy v. Reg (1868) L.R. 3 H.L. 306 and the House of Lords in unanimous decision reiterated in Quinn v. Leathem 1901 AC 495 at 528 as under: "A conspiracy consists not merely in the intention of two or more, but in the .....

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onspiracy. It was in the aforementioned context opined that no sanction would be required. R. M. Sahai, J. in his concurring judgment stated: "Language of the section is plain and simple. It operates where an offence is committed by a citizen of India outside the country. Requirements are, therefore, one - commission of an offence; second - by an Indian citizen; and third - that it should have been committed outside the country. Out of the three there is no dispute that the appellant is an .....

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has a fundamental right in terms of Article 21 of the Constitution of India to be proceeded against only in accordance with law. The law which would apply in India subject of course to the provisions of Section 4 of the Indian Penal Code and Section 188 of the Code of Criminal Procedure is that the offence must be committed within the territory of India. If admittedly, the offence has not been committed within the territorial limits of India, the provisions of the Indian Penal Code as also the C .....

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