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LawpatraLawpatra
BNSS, 2023
Start Practicing
BNSSChapter XIVSection 208
Section208

Offence committed outside India

AI Assist

Summary

An offence committed outside India by an Indian citizen, or by a non-citizen on a ship or aircraft registered in India, may be treated as if it occurred at any place in India where the accused is found or where the offence is registered. However, no inquiry or trial in India can proceed without prior sanction of the Central Government.

Example

Ravi, an Indian citizen, steals goods while on a cruise in international waters. When he later comes to India and is found, authorities may treat the theft as if it happened in India and proceed against him. They still need prior sanction from the Central Government before inquiring into or trying the case.

Bare Act

Enacted text

When an offence is committed outside India-

  • (a) by a citizen of India, whether on the high seas or elsewhere; or

  • (b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found or where the offence is registered in India:

Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

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XIV

Chapter XIV

Jurisdiction of The Criminal Courts in Inquiries and Trials

In this chapter

  • 197Ordinary place of inquiry and trial
  • 198Place of inquiry or trial
  • 199Offence triable where act is done or consequence ensues
  • 200Place of trial where act is an offence by reason of relation to other offence
  • 201Place of trial in case of certain offences
  • 202Offences committed by means of electronic communications, letters, etc
  • 203Offence committed on journey or voyage
  • 204Place of trial for offences triable together
  • 205Power to order cases to be tried in different sessions divisions
  • 206High Court to decide, in case of doubt, district where inquiry or trial shall take place
  • 207Power to issue summons or warrant for offence committed beyond local jurisdiction
  • 208Offence committed outside India
  • 209Receipt of Evidence relating to offences committed outside India
Previous · Section 207Power to issue summons or warrant for offence committed beyond local jurisdictionNext · Section 209Receipt of Evidence relating to offences committed outside India