Orissa High Court: Indians Can Be Prosecuted in India for Crimes Committed Abroad
Court clarifies scope of Section 337(6) BNSS in overseas offences
Ruling strengthens India’s jurisdiction over citizens beyond national borders
By Our Legal Correspondent
New Delhi: December 15, 2025:
In a landmark judgment, the Orissa High Court has held that Indian citizens can be prosecuted in India for offences committed outside the country, provided statutory safeguards are followed. The ruling came in the case of Soumya Ranjan Panda v. State of Odisha, where the petitioner was accused of committing financial fraud in Zambia.
The Court clarified that under Section 337(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, offences committed abroad by Indian citizens can be tried in India as if they were committed domestically, subject to prior sanction under Section 208 BNSS.
Background of the Case
- The petitioner, Soumya Ranjan Panda, an Indian citizen, was accused of embezzling USD 125,000 in Zambia.
- The State of Odisha initiated proceedings against him in India.
- The defence argued that Indian courts lacked jurisdiction over offences committed abroad.
- The Orissa High Court rejected this argument, citing Section 337(6) BNSS.
Justice G. Satapathy ruled that jurisdiction exists if statutory conditions are met, including prior sanction from the Central Government.
Court’s Observations
The Court made several important points:
- Jurisdictional clarity: Indian citizens cannot escape liability simply because the offence occurred abroad.
- Statutory safeguards: Prosecution requires prior sanction under Section 208 BNSS.
- Global accountability: The ruling ensures that Indians committing crimes overseas remain answerable to Indian law.
- BNSS framework: The BNSS replaces the old Code of Criminal Procedure (CrPC), modernizing criminal justice.
Section 337(6) BNSS – Overseas Offences
- Textual scope: Section 337(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides that Indian citizens can be tried in India for offences committed outside India, as if those offences were committed within Indian territory.
- Purpose: This provision ensures that Indian citizens remain accountable to Indian criminal law even when they commit crimes abroad. It prevents offenders from escaping liability simply because the act occurred outside India.
- Jurisdictional safeguard: However, this jurisdiction is not automatic. It requires compliance with Section 208 BNSS, which mandates prior sanction of the Central Government before prosecution can proceed.
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Applicability in Practice
- Indian citizen commits crime abroad (e.g., fraud, cybercrime, financial embezzlement).
- Case initiated in India under BNSS provisions.
- Central Government sanction required under Section 208 BNSS before trial begins.
- Once sanction is granted, Indian courts can prosecute the citizen as if the offence occurred domestically.
Why This Matters
- Transnational crime control: Covers fraud, cybercrime, money laundering, and offences committed by Indians abroad.
- Legal clarity: Prevents misuse of jurisdictional loopholes.
- Global accountability: Aligns India with international practices where countries prosecute their citizens for overseas crimes.
Example Scenarios
- Cybercrime: An Indian citizen based in Dubai hacks into Indian bank servers. He can be prosecuted in India under Section 337(6) BNSS with prior sanction.
- Financial fraud: An Indian businessman embezzles funds in Africa but returns to India. He can face trial in India.
- Human trafficking: An Indian citizen involved in trafficking abroad can be prosecuted domestically.
Conclusion
The Orissa High Court ruling in Soumya Ranjan Panda v. State of Odisha demonstrates the applicability of Section 337(6) BNSS:
- Indian citizens remain accountable to Indian law even for crimes committed abroad.
- Jurisdiction is valid only with prior sanction under Section 208 BNSS.
- This ensures a balance between global accountability and procedural safeguards.
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Impact of the Ruling
1. On Indian Citizens Abroad
- Ensures accountability for crimes committed outside India.
- Prevents misuse of foreign residency to escape prosecution.
- Strengthens India’s ability to act against financial fraud, cybercrime, and other transnational offences.
2. On Legal Practice
- Clarifies interpretation of BNSS provisions.
- Provides precedent for future cases involving overseas offences.
- Expands scope of Indian criminal jurisdiction.
3. On Government and Enforcement Agencies
- Empowers agencies like the Enforcement Directorate (ED) and CBI to pursue cases involving overseas transactions.
- Strengthens India’s position in international cooperation against crime.
Challenges Ahead
- Implementation: Obtaining prior sanction may delay proceedings.
- International cooperation: India must coordinate with foreign authorities for evidence.
- Awareness: Citizens must understand that overseas crimes can still attract Indian prosecution.
Broader Context: BNSS and Criminal Justice Reform
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaced the Criminal Procedure Code (CrPC) as part of India’s criminal law reforms. Key features include:
- Modernized procedures for investigation and trial.
- Expanded jurisdiction for offences committed abroad.
- Digital integration for faster justice delivery.
The Orissa High Court’s ruling demonstrates how BNSS provisions are being applied to strengthen accountability.
Conclusion
The Orissa High Court’s judgment in Soumya Ranjan Panda v. State of Odisha marks a turning point in India’s criminal jurisprudence. By ruling that Indian citizens can be prosecuted in India for offences committed abroad, the Court has ensured that jurisdictional loopholes do not allow offenders to escape justice.
This decision reinforces the principle that citizens remain accountable to Indian law, regardless of where crimes are committed, and sets a strong precedent for tackling transnational offences in the future.
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