(1) Any offence which includes cheating, may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or were received; and 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 was received by the accused person. (2) 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 the wife by the first marriage has taken up permanent residence after the commission of the offence.
Bharatiya Nagarik Suraksha Sanhita
Section 202
Offences committed by means of electronic communications, letters, etc
⚡ Quick Answer Reference: Section 202 BNSS
- Provision: Section 202 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section says that if someone commits an offence like cheating using electronic communications, letters, or messages, the case can be tried in a court where the communication was sent or received. It also applies to cases where property was delivered or received.
What does Section 202 of BNSS say?
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What does Section 202 of BNSS mean?
Plain English Explanation
This section says that if someone commits an offence like cheating using electronic communications, letters, or messages, the case can be tried in a court where the communication was sent or received. It also applies to cases where property was delivered or received.
Practical Interpretation
In real practice, this section means that the court where the electronic communication was sent or received has jurisdiction to try the case. This can be useful in cases where the accused is located in a different jurisdiction.
Core Legal Purpose
The core purpose of this section is to provide a clear jurisdictional framework for trying cases involving electronic communications, ensuring that the accused is tried in a court that has a connection to the offence.
- •The offence must involve cheating or dishonestly inducing delivery of property.
- •The deception must be practised by means of electronic communications, letters, or telecommunication messages.
- •The court must have jurisdiction over the place where the electronic communication was sent or received, or where the property was delivered or received.
- •The offence must be punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023.
Practical Example of Section 202 BNSS
Rajesh, a resident of Mumbai, cheats Priya, a resident of Delhi, by sending her a fake email promising her a job in a company in Mumbai. Priya receives the email in Delhi and falls for the trap, sending her bank details to Rajesh. Rajesh uses the bank details to withdraw money from Priya's account. In this case, the court in Delhi has jurisdiction to try Rajesh for cheating, as the email was received in Delhi.
Frequently Asked Questions about Section 202 BNSS
Q: What is the punishment or consequence under Section 202 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment for the offence of cheating would be determined under section 82 of the Bharatiya Nyaya Sanhita, 2023.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it does not specify any exceptions or limitations based on the status of the accused.
Q: Is an offence under this section bailable or cognizable?
This section does not specify whether the offence is bailable or cognizable. The classification of the offence would depend on the specific circumstances and the provisions of the Bharatiya Nyaya Sanhita, 2023.
Common Questions about Section 202 BNSS
What is Section 202 of BNSS?
Section 202 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Offences committed by means of electronic communications, letters, etc". In plain terms: This section says that if someone commits an offence like cheating using electronic communications, letters, or messages, the case can be tried in a court where the communication was sent or received. It also applies to cases where property was delivered or received.
What is the punishment under Section 202 of BNSS?
Section 202 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 202 of BNSS bailable or non-bailable?
Whether Section 202 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 202 of BNSS?
The essential elements of Section 202 of BNSS are: The offence must involve cheating or dishonestly inducing delivery of property.; The deception must be practised by means of electronic communications, letters, or telecommunication messages.; The court must have jurisdiction over the place where the electronic communication was sent or received, or where the property was delivered or received..
Landmark Judgments under Section 202 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 202
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