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.
Bharatiya Nagarik Suraksha Sanhita
Section 208
Offence committed outside India
Englishहिंदी
⚡ Quick Answer Reference: Section 208 BNSS
- Provision: Section 208 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section allows India to prosecute its citizens or foreigners on Indian-registered ships or aircraft for crimes committed outside India, as if the crime occurred within India.
Statutory Content
What does Section 208 of BNSS say?
Indian StandardSection 208, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 208 (India)
Court Pleading StandardSection 208 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/208
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 208 of BNSS mean?
Plain English Explanation
This section allows India to prosecute its citizens or foreigners on Indian-registered ships or aircraft for crimes committed outside India, as if the crime occurred within India.
Practical Interpretation
In practice, this section enables Indian authorities to investigate and try individuals for offences committed abroad, provided the Central Government grants prior sanction.
Core Legal Purpose
The core purpose is to extend Indian jurisdiction to crimes committed outside its territory, ensuring that Indian citizens and those on Indian-registered vessels or aircraft are held accountable under Indian law.
Key Legal Elements
- •The offence must be committed by a citizen of India or a person on an Indian-registered ship or aircraft.
- •The offence must have been committed outside India.
- •The key legal test is whether the individual can be considered to have committed the offence as if it had been committed within India.
- •A key exception is that no offence shall be inquired into or tried in India without the previous sanction of the Central Government.
Practical Example
Practical Example of Section 208 BNSS
Rajesh, an Indian citizen, commits a crime on a ship registered in India while it is docked in a foreign port. Under Section 208, Rajesh can be prosecuted in India for the crime, as if it had been committed within Indian territory, provided the Central Government grants prior sanction. This allows Indian authorities to hold Rajesh accountable under Indian law, even though the crime occurred outside India.
Common Questions (FAQ)
Frequently Asked Questions about Section 208 BNSS
Q: What is the punishment or consequence under Section 208 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment would depend on the specific offence committed and the relevant provisions of Indian law.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals, such as citizens of India, and public entities, insofar as they are involved in the commission of an offence on an Indian-registered ship or aircraft.
Q: Is an offence under this section bailable or cognizable?
The section does not specify whether an offence is bailable or cognizable. This would depend on the specific offence committed and the relevant provisions of the Code of Criminal Procedure, 1973, or other applicable laws.
People Also Ask (PAA)
Common Questions about Section 208 BNSS
What is Section 208 of BNSS?
Section 208 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Offence committed outside India". In plain terms: This section allows India to prosecute its citizens or foreigners on Indian-registered ships or aircraft for crimes committed outside India, as if the crime occurred within India.
What is the punishment under Section 208 of BNSS?
Section 208 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 208 of BNSS bailable or non-bailable?
Whether Section 208 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 208 of BNSS?
The essential elements of Section 208 of BNSS are: The offence must be committed by a citizen of India or a person on an Indian-registered ship or aircraft.; The offence must have been committed outside India.; The key legal test is whether the individual can be considered to have committed the offence as if it had been committed within India..
Landmark Case Laws
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