Section 209 BNSS: Receipt of evidence relating to offences committed outside India

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 209 BNSS at a Glance

Section 209 BNSS deals with receipt of evidence relating to offences committed outside India. It replaced Section 189 CrPC on 1 July 2024.

Was CrPC

Section 189 →

Section 209 BNSS Bare Act Text

209. Receipt of evidence relating to offences committed outside India

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.

Source: Section 209, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 209 BNSS in Simple Words

Section 209 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the receipt of evidence relating to offences committed outside India. It applies when an offence alleged to have been committed in a territory outside India is under inquiry or trial under Section 208 BNSS. In that case the Central Government may, if it thinks fit, give a direction about copies of depositions and exhibits.

The direction is that the Court holding the inquiry or trial shall receive the copies as evidence. The copies covered are those of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer in or for that territory. They also include copies of depositions made or exhibits produced, in either form, before a diplomatic or consular representative of India in or for that territory.

The direction can be given only in a case where the Court holding the inquiry or trial might issue a commission for taking evidence as to the matters to which the depositions or exhibits relate.

When Section 209 BNSS Applies

  • Section 209 BNSS applies 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 BNSS.
  • Under Section 209 BNSS, 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.
  • Under Section 209 BNSS, the copies 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.

Example of Section 209 BNSS

Meera is tried by a Court for an offence alleged to have been committed in a territory outside India, under the provisions of Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Depositions were made, either in physical form or in electronic form, before a judicial officer in or for that territory. The Central Government, if it thinks fit, directs under Section 209 BNSS that copies of those depositions shall be received as evidence by the Court holding the trial, in a case in which the Court might issue a commission for taking evidence as to the matters to which the depositions relate.

When Section 209 BNSS Does Not Apply

  • Section 209 BNSS speaks of copies of depositions or exhibits received as evidence by the Court. It does not deal with how an offence committed outside India may be dealt with, which is the subject of Section 208 BNSS.
  • Section 209 BNSS speaks of a direction of the Central Government on the receipt of evidence. It does not deal with the ordinary place of inquiry and trial, which is the subject of Section 197 BNSS.

Section 209 BNSS in the CrPC (Previous Law)

Section 209 BNSS replaces Section 189 CrPC from the old criminal code.

Section 209 BNSS has the same heading as Section 189 CrPC, Receipt of evidence relating to offences committed outside India. Section 209 BNSS reads section 208 where Section 189 CrPC read section 188. Section 209 BNSS adds the words either in physical form or in electronic form after the words copies of depositions made or exhibits produced, and Section 189 CrPC has no counterpart to those added words. The rest of Section 209 BNSS has the same text as Section 189 CrPC.

View CrPC Section 189 →

FAQs on Section 209 BNSS

When does Section 209 BNSS apply?▼

Section 209 BNSS applies 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 BNSS.

What may the Central Government direct under Section 209 BNSS?▼

Under Section 209 BNSS, 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.

In which cases shall the Court receive the copies as evidence under Section 209 BNSS?▼

Under Section 209 BNSS, the copies 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.

What changed from Section 189 CrPC to Section 209 BNSS from 1 July 2024?▼

Section 209 BNSS has the same heading as Section 189 CrPC, Receipt of evidence relating to offences committed outside India. Section 209 BNSS reads under the provisions of section 208 where Section 189 CrPC read under the provisions of section 188. Section 209 BNSS reads copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer where Section 189 CrPC read copies of depositions made or exhibits produced before a Judicial officer, so Section 209 BNSS adds the words either in physical form or in electronic form. The rest of Section 209 BNSS has the same text as Section 189 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 ·