Territorial jurisdiction under criminal procedure: amended Section 188 controlled, and convictions failed without the required sanction.

Section 188 of the Criminal Procedure Code, as amended in 1923, was treated as governing offences committed wholly or partly beyond British India, including criminal breach of trust involving sub-pledged property in a Native State. Although Section 181(2) could support inquiry where part of the property was received or retained in British India, the later amendment to Section 188 inserted a non obstante clause that displaced the earlier territorial approach. The court followed the later line of authority and held that a Political Agent's certificate or provincial sanction was required before inquiry. The jurisdictional objection succeeded, and the convictions and sentences were set aside.

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Issues: Whether the British Indian court had jurisdiction to try offences of criminal breach of trust where the pledged property was sub-pledged in a Native State, in view of Section 188 of the Criminal Procedure Code as amended in 1923 and Section 181(2) of the Criminal Procedure Code.

Analysis: The petitions challenged the convictions on the ground that the material act of sub-pledging occurred in a Native State, attracting the proviso to Section 188 requiring a Political Agent's certificate or provincial sanction before inquiry in British India. Although Section 181(2) permits inquiry or trial where any part of the property was received or retained, the amendment to Section 188 inserted a non obstante clause expressly to overcome earlier decisions treating Sections 179 to 184 as controlling Section 188. The reasoning of later decisions was followed, holding that Section 188, as amended, governs offences committed wholly or partly beyond British India and cannot be displaced merely because part of the property was received within British India.

Conclusion: The objection to jurisdiction succeeded, the trial court lacked jurisdiction without the requisite certificate, and the convictions and sentences were set aside.

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