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BNSS, 2023
Start Practicing
BNSSChapter XIVSection 209
Section209

Receipt of Evidence relating to offences committed outside India

AI Assist

Summary

When an alleged offence committed outside India is being inquired into or tried, the Central Government can order that copies of depositions or exhibits, in physical or electronic form, taken before a local judicial officer or before an Indian diplomatic or consular representative be received as evidence by the Indian court. This power applies only where the court could have issued a commission to take that evidence.

Example

Priya alleges a fraud that occurred abroad; witnesses gave depositions before an Indian consular officer there. The Central Government directs that copies of those depositions and scanned documents be received as evidence by the Indian court handling her case. The court admits the copies without issuing a commission overseas.

Bare Act

Enacted text

When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

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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 208Offence committed outside IndiaNext · Section 210Cognizance of offences by Magistrate