Handling Offences Committed Outside Jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023

Managing Offences in Foreign Jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from July 1, 2024, has brought in a substantial legal framework for managing offences committed outside the territorial jurisdiction of Indian courts within and abroad. The provisions in Sections 207, 208, and 209 of the BNSS prescribe the minimum norms for handling such a situation where offences have been committed outside a Magistrate’s immediate territorial jurisdiction. This article explains these provisions in depth, providing a clear insight into the manner in which such cases can be dealt with.

Section 207: Offences Committed Outside Local Jurisdiction but Triable in India

Section 207 deals with cases where an offence is made outside the local jurisdiction of a Magistrate court but is nonetheless triable within India. It is used for cases where the offence has taken place outside the immediate territorial area of the Magistrate’s authority, either within another region in India or even abroad.

Important Provisions:

A First Class Magistrate may inquiry into offences within outside their home area of jurisdiction in case of the offence is tried in India according to BNSS or another applicable law for the time.

The Magistrate can proceed with the offence as committed within the Magistrate’s area of jurisdiction and order appearance by the accused.

If the offence is not liable to be punished with death or life imprisonment, and the accused is ready to furnish bail, the Magistrate may accept a bail bond and order the individual to appear before the Magistrate having jurisdiction in the offence.

Example:

Let us assume that an individual has committed a financial fraud in another state, and the First Class Magistrate of Jaipur feels that the individual has committed the offence. The Magistrate can direct the individual to come before them, even if the offence has been committed outside their jurisdiction, and send the case to the concerned court for trial.

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If the offence has been committed outside India, the Magistrate is still at liberty to initiate proceedings, if the crime is punifiable under Indian law and is triable in India.

Section 208: Offences Outside India by Indian Citizens or on Indian-Registered Ships

Section 208 addresses offences committed outside India by Indian nationals or on ships or aircraft owned in India. This section provides for the fact that Indian courts can still prosecute individuals for offences even when they are committed outside the geographical boundaries of the nation.

Key Provisions:

If a crime is committed by an Indian citizen outside India, either in the high seas or any other place, or if a crime is committed on an Indian ship or aircraft, the perpetrator can be prosecuted in India.

The offence shall be dealt with as if it were committed within India wherever the accused is found.

But no such offence can be investigated and prosecuted in India without the previous approval of the Central Government.

Example

Consider that an Indian national commits a hit-and-run attack while onboard an Indian-registered cruise vessel traveling on the open seas. Despite the offense taking place outside of Indian waters, the accused is liable for prosecution in India due to the Indian registration of the vessel and being an Indian national. Before such a court of India will hear the case, however, Central Government consent needs to be sought.

Section 209: Management of Evidence for Offences Perpetrated Outside India

Section 209 deals with the process of admitting evidence when offences perpetrated outside India are tried in Indian courts under Section 208. The Central Government is empowered to permit depositions or exhibits by foreign judicial or consular officers to be used as evidence in Indian courts.

Important Provisions:

If a foreign crime is to be prosecuted in Indian courts under Section 208, the Central Government may allow the evidence found overseas to be tendered before an Indian court.

This evidence can be presented as depositions, statements, or exhibits submitted before a foreign judicial officer or Indian diplomatic or consular officer.

This evidence may be relied on instead of the issue of commission for taking evidence.

Example:

Assume that an Indian citizen has committed an offence in a foreign country, and the case is being heard in India. Testimonies given prior to the Indian Embassy or consulate in the foreign country, or depositions made by a foreign court, can be used as evidence in the Indian court, subject to the approval of the Central Government.

Significance of Central Government’s Role

Both Sections 208 and 209 emphasize the importance of the Central Government in sanctioning the trial of offences which have been committed outside India. Unless sanctioned by the Central Government, no offence committed outside India can be tried in India. No foreign evidence can be accepted in a trial in India with the requisite sanction of the government as well. 

Connection to Previous Sections

To understand the entire process of how offences done outside local jurisdiction are handled, it’s important to refer to earlier parts of the BNSS, specifically Sections 197-206. These sections form the basis of jurisdictional power, such as in cases of crimes committed during transit, by electronic means, or between states. For a comprehensive analysis of these sections, you may refer to earlier articles written on Live Law Hindi.

Conclusion

The provisions in the Bharatiya Nagarik Suraksha Sanhita, 2023 provide that Indian courts are empowered to prosecute offences committed outside their territorial jurisdiction, either within or outside India. Through the inclusion of procedures such as seeking the sanction of the Central Government and receiving foreign evidence, the law provides a comprehensive and balanced approach to cross-border crime and offences committed beyond the immediate jurisdiction of Indian courts.

With these provisions introduced, India is now more capable of dealing with offences of international dimensions so that justice is delivered irrespective of the location of the crime.