Criminal conspiracy with acts in India does not require prior sanction under Section 188 CrPC before prosecution proceeds.

Criminal conspiracy is complete on agreement to commit an illegal act or a lawful act by illegal means, and remains a continuing offence while the design is carried out. Where the conspiracy is formed in India and part of the acts in furtherance occur in India, the offence is not treated as one committed wholly outside India merely because some preparatory or implementing acts take place abroad. On those facts, Indian jurisdiction is attracted by the local acts and consequences, so prior Central Government sanction under Section 188 CrPC is not a condition precedent; the prosecution may proceed without it.

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Issues: Whether previous sanction of the Central Government under Section 188 of the Criminal Procedure Code, 1973 was a condition precedent for inquiry or trial where a criminal conspiracy was alleged to have been hatched in India but acts in furtherance of it were also alleged to have occurred outside India.

Analysis: Criminal conspiracy is complete when there is an agreement to do an illegal act or to do a lawful act by illegal means, but the offence is of a continuing nature so long as the agreement is acted upon and the design is being carried out. Where the conspiracy is formed in India and part of the acts in furtherance of it are committed in India, the offence is not treated as one committed wholly outside India merely because some preparatory or implementing acts occurred abroad. The jurisdiction of the court is attracted by the local acts and consequences within India, and the bar in the proviso to Section 188 applies only when the offence is committed outside India.

Conclusion: Previous sanction under Section 188 was not required on the facts, and the prosecution could proceed without it.

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