Section 188 CrPC: Offence committed outside India

Code of Criminal Procedure, 1973

Section 188 CrPC at a Glance

Section 188 CrPC deals with offence committed outside India. From 1 July 2024 it is replaced by Section 208 BNSS.

Now BNSS

Section 208 →

What Section 188 CrPC Says

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.

Source: Section 188, Code of Criminal Procedure, 1973

Section 188 CrPC in Simple Words

Section 188 of the Code of Criminal Procedure, 1973 deals with an offence committed outside India. Section 188 CrPC applies when a citizen of India commits an offence outside India, whether on the high seas or elsewhere.

The person may be dealt with in respect of the offence as if it had been committed at any place within India at which the person may be found. 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 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.

When Section 188 CrPC Applies

  • Section 188(a) CrPC applies when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere.
  • 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.
  • 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.
  • 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.

Example of Section 188 CrPC

Ramesh, a citizen of India, commits an offence on the high seas. Ramesh is found at Jaipur. Under Section 188 of the Code of Criminal Procedure, 1973, Ramesh may be dealt with in respect of the offence as if the offence had been committed at Jaipur, which is a place within India at which Ramesh 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 188 CrPC Does Not Apply

  • Section 188 CrPC 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 189 CrPC.
  • Section 188 CrPC 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. It does not deal with the ordinary place of inquiry and trial, which is the subject of Section 177 CrPC.

Section 188 CrPC Under BNSS 208: What Changed

Section 188 CrPC is now covered under Section 208 BNSS.

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 detailed comparison (CrPC 188 vs BNSS 208) →

FAQs on Section 188 CrPC

When does Section 188 CrPC apply to an offence committed outside India?▼

Section 188 CrPC 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 188 CrPC?▼

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.

What does the proviso to Section 188 CrPC say?▼

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.

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

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 188 CrPC is found in Section 208 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·