Code of Criminal Procedure, 1973

Section 189

Receipt of evidence relating to offences committed outside India

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⚡ Quick Answer Reference: Section 189 CrPC

Provision: Section 189 of CrPC
Act: Code of Criminal Procedure, 1973
Classification: criminal procedure
Jurisdiction: India
Summary: This section allows the Central Government to direct that copies of depositions made or exhibits produced before a judicial officer in a foreign territory or before a diplomatic or consular representative of India in that territory be received as evidence by an Indian court in certain cases.

Statutory Content

What does Section 189 of CrPC 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 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced 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 189, Code of Criminal Procedure, 1973

Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 189 (India)

Court Pleading StandardSection 189 of the Code of Criminal Procedure, 1973

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

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Section Meaning & Purpose

What does Section 189 of CrPC mean?

Plain English Explanation

This section allows the Central Government to direct that copies of depositions made or exhibits produced before a judicial officer in a foreign territory or before a diplomatic or consular representative of India in that territory be received as evidence by an Indian court in certain cases.

Practical Interpretation

In practice, this section enables the Central Government to facilitate the collection of evidence from abroad in cases where an Indian court is investigating or trying an offence committed outside India.

Core Legal Purpose

The core purpose of this section is to streamline the process of collecting evidence from foreign territories and to enable Indian courts to effectively investigate and try offences committed outside India.

Key Legal Elements

•The offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188.
•The Central Government may direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory be received as evidence.
•The court holding such inquiry or trial must be in a case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.
•The Central Government's direction is discretionary and not mandatory.

Practical Example

Practical Example of Section 189 CrPC

Suppose Rajesh, an Indian citizen, is accused of committing a crime in the United States. The US authorities have collected evidence, including depositions and exhibits, which they wish to submit to the Indian court trying Rajesh. Under section 189, the Central Government may direct the Indian court to receive these depositions and exhibits as evidence, thereby facilitating the collection of evidence from abroad and enabling the Indian court to effectively investigate and try the case.

Common Questions (FAQ)

Frequently Asked Questions about Section 189 CrPC

Q: What is the punishment or consequence under Section 189 of CrPC?

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 both private individuals and public entities, as it deals with the receipt of evidence in cases of offences committed outside India.

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

This section does not deal with the classification of offences as bailable or cognizable, as it is a procedural provision.

Common Questions about Section 189 CrPC

What is Section 189 of CrPC?

Section 189 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Receipt of evidence relating to offences committed outside India". In plain terms: This section allows the Central Government to direct that copies of depositions made or exhibits produced before a judicial officer in a foreign territory or before a diplomatic or consular representative of India in that territory be received as evidence by an Indian court in certain cases.

What is the punishment under Section 189 of CrPC?

Section 189 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 189 of CrPC bailable or non-bailable?

Whether Section 189 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 189 of CrPC?

The essential elements of Section 189 of CrPC are: The offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188.; The Central Government may direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory be received as evidence.; The court holding such inquiry or trial must be in a case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate..

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