What Is BNSS Section 208?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 208: Offence committed outside India.

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.

Brefe Detail

This section outlines the jurisdictional provisions for dealing with offences committed outside India by Indian citizens or by non-citizens on Indian-registered ships or aircraft. It establishes that such offences can be treated as if they occurred within India, provided there is prior approval from the Central Government.

Question & Answers

Q: Who can be dealt with under this section for offences committed outside India?

A: A citizen of India or a non-citizen on an Indian-registered ship or aircraft.

Q: Where can an offence committed outside India be inquired into?

A: It can be treated as if it had been committed at any place within India where the accused may be found or where the offence is registered in India.

Q: Is there any condition for inquiring into or trying such offences in India?

A: Yes, it requires the previous sanction of the Central Government.

Example

• 1. An Indian citizen commits theft while aboard a foreign ship on the high seas. This offence can be tried in India as if it occurred within Indian jurisdiction, but only with the Central Government's prior sanction.
• 2. A foreign national commits an offence on an aircraft registered in India. This offence can also be treated as if committed in India, subject to the same conditions.

Summary

Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for handling offences committed outside India by Indian citizens or on Indian vessels. It emphasizes the need for Central Government approval for any inquiry or trial to take place in India.