Section 498A IPC offence abroad cannot be tried in India sans Central government sanction: Kerala High Court

The Kerala High Court ruled that criminal proceedings under Section 498A IPC against an Australia-based man required prior sanction from the Central Government to proceed in India. Justice A Badharudeen clarified that under Section 188 CrPC, offences committed entirely outside India necessitate such sanction. The case involved allegations of cruelty by the man's wife in Australia, leading to charges filed in India. The Court accepted the petitioner's argument that without the required sanction, the proceedings were invalid. Referring to precedent, it affirmed that since all alleged acts occurred in Australia, Central Government sanction was mandatory. Consequently, the Court allowed the petition to quash the criminal case against the petitioner in India but directed continuation of proceedings against a co-accused relative.