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For conducting investigation for an offence committed outside India by Indian citizens under Section 188 CrPC there is no requirement to seek consent of the State Government under Section 6 of the DSPE Act and only sanction of the Central Government is required, the high court held
The Allahabad High Court has directed the Central Bureau of Investigation (CBI) to investigate the alleged dowry death of a woman who died in a house blast in Seattle, United States, within 15 months of her marriage.
The petitioner, the mother of the deceased, had approached the court seeking to transfer the investigation from the Uttar Pradesh Police to the CBI under Section 188 of the Criminal Procedure Code (CrPC), which governs offences committed outside India by Indian citizens.
A first information report (FIR) was filed on September 28, 2023, at a Meerut police station, alleging that the woman was a victim of dowry harassment and death. The Uttar Pradesh Police referred the matter to the CBI, but procedural delays prevented the investigation from moving forward.
During the court proceedings, the counsel for the petitioner argued that despite several recommendations and communications from authorities, including the Ministry of External Affairs and the Uttar Pradesh Police, the CBI had yet to begin its investigation.
On the other hand, the CBI submitted that they required consent from both the state government under the Delhi Special Police Establishment (DSPE) Act and approval from the Central Government before taking over the case.
The division bench of Justices Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal, however, clarified that in cases of offences committed outside India by Indian citizens, only the Central Government’s sanction is required, and state consent is not necessary.
Court noted that that Section 188 CrPC requires prior sanction from the Central Government for investigating offences committed outside India. The CBI, which had been designated as the nodal agency for such cases through a 2016 government notification, must obtain permission from the Ministry of Home Affairs (MHA) before proceeding with investigations involving Indian citizens abroad.
Further, expressing dissatisfaction with the delays, court criticized the authorities for "shirking their responsibilities," causing distress to the petitioner, who was seeking justice for her daughter’s death.
Consequently, court directed the CBI and the Ministry of Home Affairs to complete all necessary formalities and commence the investigation within 15 days.
Case Title: xxxx vs. State of U.P. and Another
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