Introduction:

In a recent ruling by the Telangana High Court, the requirement of prior sanction from the Central Government for prosecuting offences committed by Indian citizens outside of India was reaffirmed. The case, involving allegations of dowry demand made outside of India, saw the Court quashing criminal proceedings initiated against the husband and in-laws of the de facto complainant. Justice T. Madhavi Devi presided over a batch of criminal petitions filed by the accused, challenging the validity of the proceedings under various sections of the IPC and the Dowry Prohibition Act.

Arguments:

The petitioners/accused contended that the complaint lacked essential ingredients of the alleged offences and that no prior sanction from the Central Government, as mandated by Section 188 of the CrPC, was obtained. They argued that the incidents in question occurred outside India, as the parties involved were residents of the USA and had solemnized their marriage there. The de facto complainant, however, argued that even if one incident occurred in India, no prior sanction would be required for trying that offence.

Court’s Judgment:

The Telangana High Court, after careful consideration, quashed the criminal proceedings against the accused. Justice T. Madhavi Devi reiterated the necessity of prior sanction from the Central Government for prosecuting offences committed outside India by Indian citizens. The Court found that while an altercation between the de facto complainant and the husband occurred in India, the charge sheet did not disclose any offence committed in India by the accused. Therefore, all offences alleged were committed outside of India and required the sanction of the Central Government.