Offence committed outside India
Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with offence committed outside India. When an offence is committed outside India— (a) by a citizen of India, whether on the high seas or elsewhere; The Act came into force on 01 Jul 2024.
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.
Section 208, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 188 Offence committed outside India Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Madhusudhan Jayaramu vs State of Karnataka
Decided under Code of Criminal Procedure 188, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an offence is alleged to have been committed outside India by an Indian citizen, the investigating agency must comply with the mandatory procedure prescribed under Sections 188, 105K, and 166A of the Code of Criminal Procedure, 1973, including obtaining sanction from the Central Government and recording statements of witnesses through letters of request to foreign courts. Failure to follow this procedure, combined with an incomplete investigation lacking statements from key witnesses and based solely on interested testimony without corroborating material, renders the charge sheet defective and the prosecution an abuse of process, warranting quashing of the charge sheet and entire proceedings under Section 482 CrPC.
On this section: Procedure for offences committed outside India; the court held that this section mandates obtaining sanction from Central Government and following prescribed procedures, which were not complied with in this case
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Captain Am Karandikar vs State of Nct of Delhi
Decided under Code of Criminal Procedure 188, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Petitions challenging an FIR may be withdrawn with liberty to raise substantive defences regarding sanction validity, evidence sufficiency, and limitation before the Trial Magistrate at the stage of framing charges under Section 251 Cr.P.C., provided the respondent-State does not object to such withdrawal.
On this section: Sanction requirement for prosecution in certain criminal cases; validity of sanction is a substantive issue to be raised at appropriate stage
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Dr.vikram Khatri vs State
Decided under Code of Criminal Procedure 188, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Metropolitan Magistrate does not commit an error in hearing applications under Section 188 Cr.P.C. read with Section 239 Cr.P.C. together with arguments on charge, as the factual and legal matrix required for deciding both issues substantially overlaps. However, if the Magistrate concludes that sanction under Section 188 Cr.P.C. is mandatory and has not been obtained, the trial cannot proceed. The High Court will not interfere under Section 482 Cr.P.C. with such a procedural order merely because the petitioner contends it causes prejudice, absent a clear showing of abuse of process or violation of natural justice.
On this section: Requirement for Central Government sanction before proceeding with inquiry and trial for offences committed outside India; characterized as mandatory provision with non-obstante clause
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 208
What have the courts held on Section 208 of the Bharatiya Nagarik Suraksha Sanhita?
Madhusudhan Jayaramu vs State of Karnataka (20 Jan 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 188, which this section replaced -- the court never mentioned this Act: Procedure for offences committed outside India; the court held that this section mandates obtaining sanction from Central Government and following prescribed procedures, which were not complied with in this case. Another 2 judgments on this section are set out below. They run from 2013 to 2024.
How do I find court cases under Section 208 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 208, section 208 BNSS, section 208 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 208 section in assamese and bnss 208 section punishment. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Madhusudhan Jayaramu vs State of Karnataka (20 Jan 2024).
What should I read with Section 208 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 188 (Offence committed outside India), so the judgments decided under that provision are the case law on this one.
When did Section 208 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 208 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 208, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.