Section 202 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 202 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Jurisdiction for Offences Committed via Electronic Communications and Letters
📜 Text of Section 202
Section 202. Offences committed by means of electronic communications, letters, etc.
Cheating via Electronic Means: Any offence involving cheating, where the deception is practised through electronic communications, letters, or telecommunication messages, may be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or received. Additionally, any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or received by the accused.(
Offences under Section 82 of the Bharatiya Nyaya Sanhita, 2023: Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed, or the offender last resided with his or her spouse by the first marriage, or where the wife by the first marriage has taken up permanent residence after the commission of the offence.
⚖️ Legal Context and Purpose
Section 202 of the BNSS, 2023, addresses the jurisdictional aspects of offences committed through electronic communications, letters, or telecommunication messages. It ensures that victims of such offences can seek justice in courts that have a connection to the offence, either through the location of the communication or the delivery of property. This provision aligns with the principles of convenience and accessibility for victims and ensures that perpetrators cannot evade justice by exploiting jurisdictional boundaries.
🧭 Illustrative Example
Scenario: A person in Delhi receives a fraudulent email from an individual in Mumbai, leading to financial loss.
Application of Section 202:
Jurisdiction for Trial: The offence can be inquired into or tried in either Delhi (where the email was received) or Mumbai (where the email was sent).
Delivery of Property: If the victim transferred money to the accused, the trial could also be conducted in the location where the money was delivered or received.
📌 Conclusion
Section 202 of the BNSS, 2023, provides a clear framework for determining the jurisdiction of courts in cases involving offences committed through electronic communications and letters. By allowing trials in multiple jurisdictions connected to the offence, it facilitates access to justice for victims and ensures that offenders cannot evade legal proceedings by exploiting jurisdictional limitations.
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