CrPC 188→BNSS 208

CrPC 188 to BNSS 208: Offence committed outside India

Section 188 CrPC (1973) replaced by Section 208 BNSS (2023)

View CrPC Section 188 →View BNSS Section 208 →

CrPC 188 to BNSS 208 at a Glance

Section 188 CrPC (Offence committed outside India) is now Section 208 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 188 to BNSS 208?

Section 208 BNSS has the same heading as Section 188 CrPC, Offence committed outside India. Section 208(b) BNSS adds the words or where the offence is registered in India after the words at any place within India at which he may be found, and Section 188(b) CrPC has no counterpart to those added words. The rest of Section 208 BNSS has the same text as Section 188 CrPC.

CrPC 188 vs BNSS 208: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section188208
HeadingOffence committed outside IndiaSame

CrPC 188 and BNSS 208: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 188, CrPC 1973

188. 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: 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.
BNSS 2023 (in force)

Section 208, BNSS 2023

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.

When It Applies: CrPC 188 vs BNSS 208

Under CrPC 188
  1. Section 188(a) CrPC applies when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere.
  2. Section 188(b) CrPC applies when an offence is committed outside India by a person, not being such citizen, on any ship or aircraft registered in India.
  3. Under Section 188 CrPC, such person may be dealt with in respect of such offence as if it had been committed at any place within India at which such person may be found.
  4. The proviso to Section 188 CrPC applies despite anything in the earlier sections of Chapter XIII of the Code. Under the proviso, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.
Under BNSS 208
  1. Section 208(a) BNSS applies when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere.
  2. Section 208(b) BNSS applies when an offence is committed outside India by a person, not being such citizen, on any ship or aircraft registered in India.
  3. Under Section 208 BNSS, such person may be dealt with in respect of such offence as if it had been committed at any place within India at which such person may be found or where the offence is registered in India.
  4. The proviso to Section 208 BNSS applies despite anything in the earlier sections of Chapter XIV of the Sanhita. Under the proviso, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

What CrPC 188 to BNSS 208 Means in Practice

Section 208(b) BNSS reads at any place within India at which he may be found or where the offence is registered in India. Section 188(b) CrPC read at any place within India at which he may be found.

FAQs: CrPC 188 to BNSS 208

Where is Section 188 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 188 CrPC is found in Section 208 BNSS. Both sections have the heading Offence committed outside India.

What words does Section 208 BNSS add to Section 188 CrPC?▼

Section 208(b) BNSS adds the words or where the offence is registered in India after the words at any place within India at which he may be found. Section 188(b) CrPC has no counterpart to those added words.

Does the proviso differ between Section 188 CrPC and Section 208 BNSS?▼

The proviso to Section 208 BNSS has the same words as the proviso to Section 188 CrPC. It says no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·