Section 202 BNSS: Offences committed by means of electronic communications, letters, etc (Formerly Section 182 CrPC)

Section 202 of Bharatiya Nagarik Suraksha Sanhita, 2023: Offences committed by means of electronic communications, letters, etc

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 202

Section 202 regulates the place of trial for offences committed by means of electronic communications, letters, messages, or telecommunication, establishing jurisdiction at either the transmitting or receiving end.

Electronic Communications & Letters: Threatening emails, extortion messages, digital defamation, or fraudulent letters.
Sending Venue: Court within whose local jurisdiction such message, letter, or electronic data was sent.
Receiving Venue: Court within whose local jurisdiction such message, letter, or electronic communication was received.

Key Landmark Precedents:

K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510: The Supreme Court held that in offences committed through written notices or letters, courts at both the place of dispatch and the place of receipt have jurisdiction.
Shreya Singhal v. Union of India (2015) 5 SCC 1: Affirmed the multi-jurisdictional character of electronic communications across telecommunication networks.

Courtroom Practice & Strategic Litigation Guidance:

For criminal intimidation via WhatsApp, SMS, or email, Section 202 provides explicit statutory authority to file the complaint in the court where the victim received and read the message, even if the sender operated abroad.