By- SHUBHAM ARYA [Student at Rajiv Gandhi National University of Law, Punjab]
On November 18, the Union Government granted the necessary sanction to the Assam Police to move forward with action against those accused in the death of Assamese cultural icon Zubeen Garg, who passed away in Singapore on September 19. Chief Minister Himanta Biswa Sarma called the Centre’s decision timely, as it came on Garg’s 53rd birth anniversary. The approval was mandatory under Section 208 of the Bharatiya Nagarik Suraksha Sanhita, 2023, since the alleged crime took place outside India.
Mandate of Sanctions Under BNSS
Section 208 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) extends Indian law to cover offences committed outside India by Indian citizens or persons on Indian-registered ships or aircraft. It treats such offences as if they happened within India, allowing Indian courts to investigate and try them. However, no such case can proceed without prior approval from the Central Government. This provision ensures that crimes impacting India, even if committed abroad, can be legally addressed under Indian law with government oversight. Section 208 sets out two key situations in which Indian law can address crimes committed outside India. First, it covers offences committed by Indian citizens, no matter where the act takes place, including other countries or on the high seas. Second, it applies when an offence takes place on a ship or aircraft that is registered in India, regardless of the offender’s nationality. In either scenario, Indian courts have the authority to handle the case, treating it as if the crime occurred within India, subject to Central Government approval. Alongside Section208 of the BNSS, Section209 plays a crucial role by allowing Indian courts to receive evidence related to offences committed outside India. It enables the Central Government to direct that depositions and exhibits collected abroad—either physically or electronically—be accepted as evidence in Indian trials, streamlining the process for cases involving transnational crimes. Section 209 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows Indian courts to admit evidence related to offences committed outside India. The Central Government can direct that depositions and exhibits from foreign jurisdictions be accepted as evidence in Indian trials, facilitating smoother legal proceedings for such cases.
Balancing Justice and Diplomacy
The requirement for Central Government sanction before proceeding with a case like Zubeen Garg’s death serves several important purposes. It helps protect India’s diplomatic ties, ensuring that legal actions abroad do not cause friction with other nations. It also prevents unnecessary or politically motivated prosecutions, allowing only serious cases to move forward. Most importantly, it enables the government to assess any potential security risks to India, especially when dealing with high-profile cases involving Indian citizens abroad. In the Zubeen Garg death case, Section208 BNSS is vital for pursuing justice beyond India’s borders, but it also brings challenges. The need for Central Government sanction often causes delays, slowing down the legal process. There are also diplomatic risks, as pursuing the case could affect relations with Singapore. Additionally, Indian authorities must coordinate closely with foreign agencies to gather evidence or extradite suspects, which can be complex and time-consuming, especially when investigations depend on cooperation from overseas legal systems
Justice beyond Borders
In the Zubeen Garg death case, the Supreme Court’s ruling in Sartaj Khan v. State of Uttarakhand (2022) is relevant: Central Government sanction under Section188 CrPC (now Section208 BNSS) is required only if the entire offence was committed outside India. If any part of the offence occurred within India, no such sanction is needed, and Indian courts can proceed directly. In Zubeen Garg’s case, since the alleged offence happened entirely in Singapore, the sanction was necessary before Assam police could proceed with the trial. Section 208 plays a crucial role in making sure Indian citizens and those on Indian-registered ships or aircraft remain answerable to Indian laws, no matter where an offence occurs. In the Zubeen Garg case, this provision allows Indian courts to take up the investigation and trial even though the alleged crime happened in Singapore. However, the need for prior Central Government sanction acts as an important safeguard, ensuring only serious and legitimate cases proceed, while also balancing India’s legal obligations with its diplomatic relations.
( THE VIEWS IN THIS ARTICLE ARE THE PERSONAL VIEWS OF WRITER SHUBHAM ARYA AMD UKNATION NEWS IS IN NO WAY RESPONSIBLE )
