Bharatiya Nagarik Suraksha Sanhita

Section 209

Receipt of evidence relating to offences committed outside India

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⚡ Quick Answer Reference: Section 209 BNSS

Provision: Section 209 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
Jurisdiction: India
Summary: This section allows the Central Government to direct that evidence from outside India can be used in Indian courts if it relates to an offence committed outside India.

Statutory Content

What does Section 209 of BNSS say?

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.

Indian StandardSection 209, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 209 (India)

Court Pleading StandardSection 209 of the Bharatiya Nagarik Suraksha Sanhita

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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 209 of BNSS mean?

Plain English Explanation

This section allows the Central Government to direct that evidence from outside India can be used in Indian courts if it relates to an offence committed outside India.

Practical Interpretation

In practice, this section enables Indian courts to consider foreign evidence in certain cases, streamlining the process of trying offences with international elements.

Core Legal Purpose

The core purpose is to facilitate the admission of foreign evidence in Indian legal proceedings, enhancing the effectiveness of investigations and trials involving cross-border offences.

Key Legal Elements

•The offence must have been committed in a territory outside India.
•The Central Government must direct the receipt of such evidence.
•The evidence must be in the form of depositions or exhibits made before a judicial officer or diplomatic representative of India.
•The Court must be one that could issue a commission for taking evidence on the matters related to the depositions or exhibits.

Practical Example

Practical Example of Section 209 BNSS

Rajesh, an Indian citizen, is accused of committing a crime in the United States. The Indian court trying Rajesh's case can, under this section, receive and consider evidence collected by Indian diplomatic representatives in the US, such as depositions from witnesses, to aid in the trial.

Common Questions (FAQ)

Frequently Asked Questions about Section 209 BNSS

Q: What is the punishment or consequence under Section 209 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the Central Government and the courts in relation to offences committed outside India, without specific reference to private individuals or public entities as the subjects of the provision.

Q: Is an offence under this section bailable or cognizable?

This section does not classify offences as bailable or cognizable; it deals with the receipt of evidence in relation to offences committed outside India.

Common Questions about Section 209 BNSS

What is Section 209 of BNSS?

Section 209 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Receipt of evidence relating to offences committed outside India". In plain terms: This section allows the Central Government to direct that evidence from outside India can be used in Indian courts if it relates to an offence committed outside India.

What is the punishment under Section 209 of BNSS?

Section 209 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 209 of BNSS bailable or non-bailable?

Whether Section 209 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 209 of BNSS?

The essential elements of Section 209 of BNSS are: The offence must have been committed in a territory outside India.; The Central Government must direct the receipt of such evidence.; The evidence must be in the form of depositions or exhibits made before a judicial officer or diplomatic representative of India..

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