What Is BNSS Section 209?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 209: 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 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.

Brief Detail

Section 209 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for receiving evidence related to offences committed outside India. It allows the Central Government to direct that depositions and exhibits from foreign jurisdictions be accepted as evidence in Indian courts during inquiries or trials, under specific conditions.

Question & Answers

Q1: What does Section 209 address?

A1: It addresses the receipt of evidence related to offences committed outside India during inquiries or trials.

Q2: Who has the authority to direct the receipt of such evidence?

A2: The Central Government has the authority to direct the receipt of evidence.

Q3: What forms can the evidence take?

A3: The evidence can be in physical form or electronic form.

Q4: Before whom can depositions or exhibits be produced?

A4: They can be produced before a Judicial officer or a diplomatic or consular representative of India in the relevant territory.

Q5: Under what circumstances can the evidence be received by the Court?

A5: The evidence can be received in any case where the Court might issue a commission for taking evidence on related matters.

Example

• Scenario 1: An Indian citizen is accused of committing fraud in a foreign country. The Central Government may allow depositions made before a local judicial officer in that country to be submitted as evidence in an Indian court.
• Scenario 2: If an offence is being investigated in India but involves actions that occurred overseas, the court can consider electronic records submitted by Indian consular officials in the foreign territory.

Summary

Section 209 of the Bharatiya Nagarik Suraksha Sanhita, 2023, facilitates the inclusion of evidence from abroad in Indian legal proceedings, ensuring that depositions and exhibits from foreign jurisdictions can be utilized in trials and inquiries, subject to the Central Government's direction.