Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 202: Offences committed by means of electronic communications, letters, etc.
(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 81 of the Bhartiya 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.
Brefe Detail
This section addresses the jurisdiction for trying offenses that involve electronic communications, such as cheating. It specifies that if an offense is committed through electronic means, it can be inquired into or tried in the jurisdiction where those communications were sent or received. Additionally, it outlines the jurisdiction for offenses related to section 81 of the Bhartiya Nyaya Sanhita, focusing on the location of the offender’s residence and the relationship status at the time of the offense.
Question & Answers
Where can a cheating offense committed through electronic communications be tried?
It can be inquired into or tried by any Court within whose local jurisdiction the electronic communications or letters or messages were sent or received.
How is jurisdiction determined for offenses involving delivery of property?
Such offenses may be tried in the Court within whose local jurisdiction the property was delivered by the deceived person or received by the accused.
What offenses are covered under section 81 of the Bhartiya Nyaya Sanhita?
Any offense punishable under section 81 may be inquired into or tried in the jurisdiction where the offense was committed or where the offender last resided with their spouse from the first marriage.
What if the spouse from the first marriage has moved?
The offense may still be tried in the Court within whose jurisdiction the spouse has taken up permanent residence after the commission of the offense.
Example
Example of Cheating via Electronic Communication: If an individual sends deceptive emails to fraudulently obtain money from another person, the trial can take place in the jurisdiction where those emails were sent or received.
Example of Delivery of Property: If someone is deceived into delivering money via a telecommunication message, the trial can be held in the jurisdiction where the money was delivered.
Example under Section 81: If an offender last resided with their spouse from the first marriage in City A, and the offense was committed there, the trial can occur in City A.
Permanent Residence Change: If the spouse has moved to City B after the offense, the trial may also be held in City B.
Summary
Section 202 of the Bharatiya Nagarik Suraksha Sanhita, 2023, delineates the jurisdictions for trying offenses committed via electronic communications and letters. It ensures that cases involving cheating and related offenses can be addressed in the relevant local courts based on the location of communication and the residence of involved parties.
