Section 208 BNSS: Offence committed outside India (Formerly Section 188 CrPC)

Section 208 of Bharatiya Nagarik Suraksha Sanhita, 2023: Offence committed outside India

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 208

Section 208 regulates the trial of offences committed outside India by an Indian citizen, or by a non-citizen on an Indian ship or aircraft, requiring prior central government sanction before inquiry or trial (replacing Section 188 CrPC).

Extraterritorial Jurisdiction: Committed outside India by a citizen of India on high seas or elsewhere, or by a non-citizen on Indian-registered vessel/aircraft.
Treated as Domestic Crime: Dealt with as if committed at any place within India at which the offender may be found.
Mandatory Central Sanction: No inquiry or trial shall be commenced except with the previous sanction of the Central Government.

Key Landmark Precedents:

Thota Venkateswarlu v. State of A.P. (2011) 9 SCC 527: The Supreme Court settled that an investigation can proceed and a charge sheet can be filed without central sanction, but the trial court CANNOT commence the trial or frame charges without prior sanction of the Central Government under Section 188 CrPC (Section 208 BNSS).
Ajay Aggarwal v. Union of India (1993) 3 SCC 609: Held that where a conspiracy is hatched in Dubai and overt acts are committed in India, central sanction is not required for the acts committed within India.
Sartaj Khan v. State of Uttarakhand (2022) 7 SCC 807: Reiterated that central sanction under Section 188 CrPC is a mandatory condition precedent before the court can proceed to trial.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin defense under *Thota Venkateswarlu*: For offences alleged to have occurred in the USA, UAE, or UK (e.g., matrimonial disputes or foreign business transactions), the Magistrate CANNOT frame charges or examine witnesses until the prosecution produces prior central government sanction under Section 208.