Section 208 BNSS: Offence committed outside India

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 208 BNSS at a Glance

Section 208 BNSS deals with offence committed outside India. It replaced Section 188 CrPC on 1 July 2024.

Was CrPC

Section 188 →

Section 208 BNSS Bare Act Text

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.

Source: Section 208, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 208 BNSS in Simple Words

Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an offence committed outside India. Section 208 BNSS applies when a citizen of India commits an offence outside India, whether on the high seas or elsewhere.

The person may be dealt with as if the offence had been committed at any place within India at which the person may be found or where the offence is registered in India. The same applies when a person who is not a citizen of India commits an offence outside India on any ship or aircraft registered in India.

The proviso 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.

When Section 208 BNSS Applies

  • Section 208(a) BNSS applies when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere.
  • 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.
  • 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.
  • 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.

Example of Section 208 BNSS

Meera, a citizen of India, commits an offence on the high seas. Meera is found at Pune. Under Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Meera may be dealt with in respect of the offence as if the offence had been committed at Pune, which is a place within India at which Meera may be found. Under the proviso, the offence shall not be inquired into or tried in India except with the previous sanction of the Central Government.

When Section 208 BNSS Does Not Apply

  • Section 208 BNSS speaks of an offence committed outside India by a citizen of India or by a person on a ship or aircraft registered in India. It does not deal with the receipt of evidence relating to offences committed outside India, which is the subject of Section 209 BNSS.
  • Section 208 BNSS speaks of dealing with a person as if the offence had been committed at a place within India at which the person may be found or where the offence is registered in India. It does not deal with the ordinary place of inquiry and trial, which is the subject of Section 197 BNSS.

Section 208 BNSS in the CrPC (Previous Law)

Section 208 BNSS replaces Section 188 CrPC from the old criminal code.

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.

View CrPC Section 188 →

FAQs on Section 208 BNSS

When does Section 208 BNSS apply to an offence committed outside India?▼

Section 208 BNSS applies when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere, or by a person, not being such citizen, on any ship or aircraft registered in India.

How may a person be dealt with under Section 208 BNSS?▼

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.

What does the proviso to Section 208 BNSS say?▼

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 changed from Section 188 CrPC to Section 208 BNSS from 1 July 2024?▼

Section 208 BNSS has the same heading as Section 188 CrPC, Offence committed outside India. Section 208(b) BNSS reads 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, where Section 188(b) CrPC read 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. The rest of Section 208 BNSS has the same text as Section 188 CrPC.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·