Section 208 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 208: Offence Committed Outside India
Text of the Section:
*"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."
🧭 Purpose and Context
Section 208 addresses the jurisdiction of Indian courts over offences committed outside India. It extends the reach of Indian criminal law to certain acts committed beyond the country's borders, provided specific conditions are met.
⚖️ Key Provisions
Applicability to Indian Citizens:
If an offence is committed by an Indian citizen, whether on the high seas or elsewhere, it is treated as if it had been committed within India.
Applicability to Foreign Nationals:
If a non-citizen commits an offence on an Indian-registered ship or aircraft, it is also treated as if it had been committed within India.()
Jurisdiction:
Such offences may be dealt with in any place within India where the accused is found or where the offence is registered.
Central Government's Sanction:
Notwithstanding the above, no such offence shall be inquired into or tried in India without the prior sanction of the Central Government
🔄 Comparison with the Code of Criminal Procedure (CrPC)
Section 208 of the BNSS is similar to Section 188 of the Indian Penal Code (IPC), which deals with the jurisdiction over offences committed outside India. Both provisions aim to extend the jurisdiction of Indian courts to certain offences committed abroad, ensuring that Indian citizens and Indian-registered vessels and aircraft are subject to Indian law even when outside the country's borders.
🧭 Significance
Ensures Accountability: This provision ensures that Indian citizens and entities operating abroad are held accountable under Indian law for offences committed outside the country.
Protects National Interests: By asserting jurisdiction over certain offences committed abroad, India can protect its national interests and uphold its legal standards internationally.
Promotes Legal Consistency: Aligning with international legal standards, this provision helps maintain consistency in the application of law across borders.
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