Bharatiya Nagarik Suraksha Sanhita, 2023
Section 208
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 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.
Why this exists
This provision continues a rule that goes back to Section 188 of the old Code of Criminal Procedure, 1898. States generally cannot police what happens on another country's soil, but international law recognises two exceptions: a country may claim jurisdiction over its own nationals wherever they go (the 'nationality principle'), and over vessels and aircraft flying its flag (the 'flag state principle'). India adopted both. The requirement of prior sanction from the Central Government was added as a safeguard, since prosecuting acts committed abroad can affect diplomatic relations, foreign evidence-gathering, and treaty obligations, so the executive is given a screening role before courts get involved.
How courts read it
Courts have read the predecessor provision (Section 188 CrPC) narrowly on procedure but broadly on jurisdiction. In Central Bank of India Ltd. v. Ram Narain (1954), the Supreme Court held that a person's citizenship is judged as it stood at the time the offence was committed, not at the time of trial. In Om Hemrajani v. State of U.P. (2005), the Court clarified that police can investigate and even file a chargesheet for an offence committed abroad without prior sanction, but the actual inquiry or trial by a court cannot begin until the Central Government's sanction is obtained—sanction can be granted at any stage before the court starts examining the case on merits. Courts have treated the sanction requirement as mandatory, not a mere formality.
Common misconceptions
- Myth: Indian courts can automatically try any Indian citizen for a crime committed abroad.
Fact: The court cannot begin the actual trial until the Central Government has given prior sanction, even though police investigation can start earlier. - Myth: This rule only applies to Indian citizens.
Fact: It also applies to non-citizens if the offence happens on a ship or aircraft registered in India. - Myth: Citizenship is decided based on the person's status when they are caught or tried.
Fact: Courts have held that citizenship is judged as it stood at the time the offence was actually committed.