INDIA'S EXPANDED REACH IN CRIMINAL LAW: IMPLICATIONS FOR FOREIGN NATIONALS & COMPANIES

Published On: 12/04/2024

Practice Area: Dispute Resolution

Authors:

The recent enactment of three new criminal laws in India (Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagrik Suraksha Sanhita, 2023; and Bharatiya Sakshya Adhiniyam, 2023) empowers Indian police and judicial authorities to extend their reach beyond India’s territorial borders to prosecute individuals and entities overseas for crimes allegedly committed within Indian territory. While this marks a step towards greater crime-fighting prowess for Indian investigative authorities, it may mean increased vigilance for foreign nationals and companies operating within India, requiring proactive measures to insulate themselves from consequent exposure to risks. INDUSLAW's Mayank Mishra, Raunak Singh and Tanya Manglik analyse some of the potential exposure to such risks that can be faced by foreign nationals and companies under the new criminal laws and provide some key recommendations for mitigation thereof.