Section 188 Code of Criminal Procedure provide that Indian courts are empowered to deal with an offence, committed outside India, if it is committed by a citizen of India weather on high seas or elsewhere. Person not being such citizen on any ship or aircraft registered in India, with the previous sanction of Central Government. In this regard section 3 of Indian Penal Code provides as: “Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.” Then section 4 of Indian Penal Code provides as: The provisions of this Code apply also to any offence committed by- (1) Any citizen of India in any place without and beyond India. (2) Any person on any ship or aircraft registered in India wherever it may be; (3) Any person in any place without and beyond India committing offence targeting a computer resource located in India. So if an Indian citizen commits crime in any part of the world, he can be arrested and tried in India. What if, during commission of crime he was Indian citizen but later he became naturalized and citizen of another country?
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The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without previous sanction of central govt under section 188 of cr pc. However sanction is not required at stage of taking cognisance
if after he is became a foreign citizen he can be tried in india as at the time of commission of offence he was an Indian citizen
The apex court said, “The language of Section 188 CrPC is quite clear that when an offence is committed outside India by a citizen of India, he may be dealt with in respect of such offences as if they had been committed in India.
An extradition offence committed by any person in a foreign State shall be deemed to have been committed in India and such person shall be liable to be prosecuted in India for such offence
Since he was an Indian citizen at the time of commission of offence he may be liable under Indian laws.
As he committed the crime when he was an Indian citizen, he can be arrested and tried for that offence in India even if he surrenders his citizenship later on and becomes a citizen of another country.
Dear client if a crime is connect to it as somehow then India will be the jurisdiction specially when the person against on the crying is committed or a person who has committed the crime or the crime has been committed on the ship or vehicle registered in India or it has been committed in the territory of India.
