Code:
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.
Explanation:
This section deals with the admissibility of evidence in cases where an offence is alleged to have been committed outside India but is being investigated or tried in India under the provisions of Section 208 of the BNSS. It allows the Central Government to direct the acceptance of depositions and exhibits from foreign jurisdictions as evidence in Indian courts.
Illustration:
Imagine a case where an Indian citizen commits a crime in a foreign country and then flees back to India. The Indian authorities may initiate an investigation under Section 208 of the BNSS. If the foreign jurisdiction has already taken depositions or collected exhibits, Section 209 empowers the Central Government to direct the Indian court to accept these documents as evidence, eliminating the need for a formal commission for taking evidence.
Common Questions and Answers
- Q: What is the purpose of Section 209?
- A: Section 209 aims to streamline the process of collecting evidence in transnational crimes by allowing the acceptance of evidence gathered in foreign jurisdictions, thus facilitating the investigation and trial of such cases in India.
- Q: Who can direct the acceptance of foreign evidence?
- A: The Central Government has the authority to issue such a direction under this section.
- Q: What type of evidence can be accepted under this section?
- A: Depositions made or exhibits produced before a judicial officer, a diplomatic or consular representative of India in the foreign jurisdiction can be accepted as evidence under this section.
- Q: What is the role of the Indian court in this process?
- A: The Indian court can issue a commission for taking evidence if it deems necessary. However, upon receiving the direction from the Central Government, it must accept the depositions and exhibits from the foreign jurisdiction as evidence, if those depositions or exhibits relate to matters the court might otherwise seek evidence for through a commission.
