Any statement recorded abroad can automatically be used as evidence in an Indian court.

The Central Government must specifically direct that such depositions or exhibits be received, and this only applies where the court could otherwise have issued a commission to gather that evidence.

This provision lets Indian courts try any crime committed anywhere in the world.

It only applies to inquiries or trials already permitted under Section 208 for offences alleged to be committed outside India; Section 209 deals only with how evidence from abroad is received, not with jurisdiction itself.

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.§

Why this exists

Indian criminal law sometimes applies to offences committed outside India, such as crimes by Indian citizens abroad or offences on Indian ships and aircraft. Collecting evidence and witness testimony from a foreign country is difficult and expensive, since witnesses cannot always be brought to India and Indian courts have no power to compel testimony abroad. This provision, continuing a similar rule from the earlier Code of Criminal Procedure, gives the government a practical tool: it can approve using statements already recorded by foreign judges or Indian diplomatic staff, instead of requiring witnesses to travel or a fresh commission to be set up each time.

Common misconceptions

Myth: Any statement recorded abroad can automatically be used as evidence in an Indian court.
Fact: The Central Government must specifically direct that such depositions or exhibits be received, and this only applies where the court could otherwise have issued a commission to gather that evidence.
Myth: This provision lets Indian courts try any crime committed anywhere in the world.
Fact: It only applies to inquiries or trials already permitted under Section 208 for offences alleged to be committed outside India; Section 209 deals only with how evidence from abroad is received, not with jurisdiction itself.