Section 189 CrPC: Receipt of evidence relating to offences committed outside India
Code of Criminal Procedure, 1973
Section 189 CrPC at a Glance
Section 189 CrPC deals with receipt of evidence relating to offences committed outside India. From 1 July 2024 it is replaced by Section 209 BNSS.
What Section 189 CrPC Says
189. 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 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced 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 189, Code of Criminal Procedure, 1973
Section 189 CrPC in Simple Words
Section 189 of the Code of Criminal Procedure, 1973 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 188 CrPC. 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 before a Judicial officer in or for that territory. They also include copies of depositions made or exhibits produced 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 189 CrPC Applies
- Section 189 CrPC 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 188 CrPC.
- Under Section 189 CrPC, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced 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 189 CrPC, 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 189 CrPC
When Section 189 CrPC Does Not Apply
- Section 189 CrPC 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 188 CrPC.
- Section 189 CrPC 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 177 CrPC.
Section 189 CrPC Under BNSS 209: What Changed
Section 189 CrPC is now covered under Section 209 BNSS.
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 detailed comparison (CrPC 189 vs BNSS 209) →FAQs on Section 189 CrPC
When does Section 189 CrPC apply?▼
Section 189 CrPC 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 188 CrPC.
What may the Central Government direct under Section 189 CrPC?▼
Under Section 189 CrPC, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced 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 189 CrPC?▼
Under Section 189 CrPC, 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.
Where is Section 189 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 189 CrPC is found in Section 209 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·