Section 209 BNSS: Receipt of evidence relating to offences committed outside India (Formerly Section 189 CrPC)

Section 209 of Bharatiya Nagarik Suraksha Sanhita, 2023: Receipt of evidence relating to offences committed outside India

Official Bare Act Text

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

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.

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 209

Section 209 provides that when any offence is being inquired into or tried under the provisions of Section 208, the Central Government may direct that copies of depositions made or exhibits produced before a judicial officer in that foreign territory shall be received as evidence by the court.

Trial Under Section 208: Offence committed outside India being inquired into or tried in India.
Diplomatic/Consular Certification: Copies of depositions and exhibits authenticated by Indian diplomatic or consular representatives.
Admissibility in Evidence: Received as evidence in the trial in any case in which the court might issue a commission.

Key Landmark Precedents:

Thota Venkateswarlu v. State of A.P. (2011) 9 SCC 527: Affirmed that Section 189 CrPC (Section 209 BNSS) provides a statutory mechanism for receiving foreign authenticated depositions without summoning overseas witnesses.
Union of India v. W.N. Chadha (1993) Supp 4 SCC 260: Recognised the evidentiary validity of foreign judicial records transmitted through diplomatic channels.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the foreign witness depositions were certified by the Indian Embassy or Consulate. Uncertified photocopies obtained directly by the complainant cannot be admitted under Section 209.