Section 188 CrPC and Section 208 BNSS: Offences Committed Outside India
Indian criminal courts may exercise jurisdiction over certain offences committed outside India. Section 188 of the Code of Criminal Procedure, 1973 (CrPC) provided the earlier procedural rule; its corresponding current provision is Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and scope of extra-territorial criminal jurisdiction
Extra-territorial jurisdiction means the legal authority to deal with an offence committed beyond India's territorial boundaries. Section 208 BNSS applies to offences committed abroad by an Indian citizen, whether on the high seas or elsewhere, and offences committed by a non-citizen aboard a ship or aircraft registered in India. Whether particular conduct is an offence punishable under Indian law must also be established under the applicable substantive law.
Section 208 BNSS: Offence committed outside India
Section 208 provides, in substance:
- Where an offence is committed outside India by an Indian citizen, whether on the high seas or elsewhere, the person may be dealt with under the stated jurisdictional rule.
- The same applies to a non-citizen who commits an offence on a ship or aircraft registered in India.
- The offence may be dealt with as though committed at a place in India where the person may be found or where the offence is registered in India.
- No such offence may be inquired into or tried in India without the previous sanction of the Central Government.
For the authoritative wording, consult the Government of India BNSS chapter text and the Bureau of Police Research and Development BNSS reference PDF.
Section 188 CrPC: Earlier legal provision
Under Section 188 CrPC, when an offence was committed outside India (a) by an Indian citizen, whether on the high seas or elsewhere, or (b) by a non-citizen on an Indian-registered ship or aircraft, that person could be dealt with as if the offence had been committed at a place in India where the person was found. Its proviso required the previous sanction of the Central Government before an inquiry or trial in India.
The historical provision remains relevant when determining the procedure applicable to matters preserved under the BNSS repeal-and-savings clause. See also the site's CrPC guide and section index.
What changed from Section 188 CrPC to Section 208 BNSS?
| Issue | Section 188 CrPC | Section 208 BNSS |
|---|---|---|
| Covered persons | Indian citizens abroad; non-citizens on Indian-registered ships or aircraft | Same specified categories |
| Indian territorial connection | Place where the person may be found | Place where the person may be found or where the offence is registered in India |
| Central Government sanction | Required before inquiry or trial | Required before inquiry or trial |
When is Central Government sanction required?
The proviso to Section 208 BNSS restricts inquiry or trial in India without previous sanction of the Central Government. The statutory wording does not itself state that prior sanction is required before every investigative step or registration of an FIR. Distinguishing investigation, inquiry, cognizance and trial can be important in a particular case; the applicable case law and facts should be examined before deciding whether a proceeding is premature.
Sanction under this provision should not be confused with consent, approval or sanction under other criminal laws, which may impose separate requirements.
Practical illustrations
Indian citizen accused of an offence overseas
If an Indian citizen is alleged to have committed an offence in another country, Section 208 may provide a procedural basis for dealing with the person in India, subject to the offence being punishable under applicable Indian law and the statutory sanction requirement.
Non-citizen aboard an Indian-registered aircraft
If a foreign national allegedly commits an offence outside India aboard an aircraft registered in India, Section 208 may apply. Registration and other jurisdictional facts must be verified.
Offence registered in India
The BNSS expressly recognizes the place in India where the offence is registered as an additional territorial connection. That does not dispense with the Central Government sanction required for inquiry or trial under Section 208.
Related legal provisions
- Section 208 BNSS: offences committed outside India (corresponding to Section 188 CrPC).
- Section 209 BNSS: receipt of evidence relating to offences committed outside India (corresponding to Section 189 CrPC).
- Section 207 BNSS: summons or warrant for offences committed beyond local jurisdiction (corresponding to Section 187 CrPC).
- Section 531 BNSS: repeal and savings, relevant to determining which procedural law governs existing matters.
Read the related article on Section 189 CrPC: receipt of evidence relating to offences committed outside India and Section 187 CrPC: offences beyond local jurisdiction.
Frequently asked questions
Can an Indian citizen be prosecuted in India for an offence committed abroad?
Potentially yes, if the alleged conduct constitutes an offence under applicable Indian law and the relevant jurisdictional and procedural requirements, including Section 208 BNSS, are satisfied.
Does Section 208 BNSS apply to every foreign national abroad?
No. The express non-citizen category in this section concerns offences on ships or aircraft registered in India. Other statutes may independently address extra-territorial offences.
Is previous Central Government sanction compulsory?
Yes, for inquiry or trial in India of offences falling within Section 208 BNSS, subject to the legal interpretation and facts of the particular proceeding.
What is the main addition in the BNSS?
Section 208 expressly adds the place where the offence is registered in India as a territorial connection, alongside the place where the person may be found.
Official legal sources
- National Crime Records Bureau: BNSS chapters and provisions
- Bureau of Police Research and Development: BNSS text and comparison
- India Code: official central legislation database
Legal note: This article is general legal information. The applicable statute, commencement and savings provisions, facts, judicial decisions and any special legislation should be checked before taking action.