Indian Criminal Procedure | Updated 17 October 2026

Section 189 CrPC and Section 209 BNSS: Receipt of Evidence for Offences Committed Outside India

Indian criminal courts may need witness depositions or documentary exhibits recorded abroad. Section 189 of the Code of Criminal Procedure, 1973 (CrPC) provided a special route for receiving such material. Its corresponding current provision is Section 209 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which expressly includes material in physical or electronic form.

Current legal position: The BNSS came into force on 1 July 2024. Section 209 is the corresponding provision for new proceedings, while the CrPC may continue to govern proceedings saved by Section 531 BNSS. The applicable law depends on the procedural history of the case.

What does Section 209 BNSS mean?

Section 209 allows the Central Government, where an offence committed outside India is being inquired into or tried under Section 208 BNSS, to direct that copies of certain depositions and exhibits recorded abroad be received as evidence by the Indian court. It applies where the court could issue a commission to take evidence on the relevant matters.

Section 209 BNSS: Statutory provision

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.

Conditions for receiving evidence from abroad

Offence outside India: The alleged offence must have occurred in a territory outside India, with the inquiry or trial proceeding under Section 208 BNSS.
Specified source: The deposition or exhibit must have been made or produced before a judicial officer in or for the foreign territory, or an Indian diplomatic or consular representative there.
Central Government direction: The statute gives the Central Government discretion to direct receipt of the specified copies.
Commission test: The Indian court must be one that could issue a commission for taking evidence on the matters concerned.
Permitted format: Copies may be received in physical or electronic form under the express wording of Section 209.

The provision facilitates the receipt of overseas evidence; it does not automatically establish that every foreign document is authentic, reliable or sufficient to prove guilt. Applicable evidentiary rules and the accused's procedural rights remain relevant.

Section 189 CrPC: Earlier provision

Under Section 189 CrPC, when an alleged offence committed outside India was inquired into or tried under Section 188 CrPC, the Central Government could direct receipt of copies of depositions or exhibits made or produced before a judicial officer abroad or an Indian diplomatic or consular representative. This was limited to matters for which the Indian court could issue a commission for taking evidence.

The BNSS retains this basic mechanism and expressly refers to copies in physical form or in electronic form. The reference to Section 188 CrPC is now to Section 208 BNSS.

CrPC and BNSS provisions at a glance

Subject	CrPC, 1973	BNSS, 2023
Evidence concerning offences abroad	Section 189	Section 209
Offences committed outside India	Section 188	Section 208
Form of copied depositions and exhibits	No express physical/electronic wording in Section 189	Expressly permits physical or electronic form
Government role	Central Government may direct receipt	Central Government may direct receipt

Practical example

Suppose an Indian citizen is alleged to have committed a triable offence abroad and the Indian proceedings fall within Section 208 BNSS. A witness's deposition is recorded before a judicial officer in the foreign country. Subject to the statutory conditions, the Central Government may direct that a copy of that deposition, including an electronic copy, be received by the Indian court under Section 209. The court must still assess the material in accordance with applicable law.

Section 208 BNSS: Jurisdiction concerning offences committed outside India, including the requirement of previous Central Government sanction for inquiry or trial under that section.
Section 209 BNSS: Receipt of qualifying depositions and exhibits recorded abroad.
Section 531 BNSS: Repeal and savings, relevant when determining whether pending proceedings continue under the CrPC.
Bharatiya Sakshya Adhiniyam, 2023: General rules governing evidence, including electronic and digital records, where applicable.

Frequently asked questions

Is Section 189 CrPC still the current provision?

Section 209 BNSS is the corresponding provision under the new criminal procedure law. The CrPC may remain relevant to proceedings covered by the savings provision.

Can evidence recorded outside India be submitted electronically?

Yes. Section 209 BNSS expressly refers to copies of depositions or exhibits in physical or electronic form, subject to its other requirements.

Does Section 209 permit every foreign document to be used automatically?

No. The statutory conditions, the Central Government's direction, and the applicable rules governing the assessment of evidence must be considered.

Is Central Government sanction for an overseas offence the same as its direction to receive evidence?

No. Section 208 addresses previous sanction for inquiry or trial, while Section 209 concerns a direction for receiving specified foreign evidence. These are distinct statutory functions.

Official legislation and references

Disclaimer: This article provides general legal information, not case-specific legal advice. Check the current statutory text and applicable court orders for any particular proceeding.