Code:
(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
Explanation:
This section deals with the jurisdiction of courts in cases involving cheating and certain other offenses:
Section 202 (1):
- Establishes jurisdiction for offenses involving cheating committed through electronic communications, letters, or telecommunication messages. The court can hear the case where the communication was sent or received.
- Expands jurisdiction for offenses involving cheating and dishonest inducement of property delivery. The court can hear the case where the property was delivered by the victim or received by the accused.
Section 202 (2):
- Defines the jurisdiction for offenses punishable under Section 81 of the Bhartiya Nyaya Sanhita, 2023. This section likely deals with specific offenses related to family matters, although the exact nature of Section 81 is not provided in the context.
- Specifies that the court where the offense was committed, or where the offender last resided with their first spouse, or where the first spouse has taken up permanent residence after the offense, can hear the case.
Illustration:
Scenario: A person in Delhi sends a fraudulent email from a fake bank account to a victim in Mumbai, inducing them to transfer money. The victim then sends the money to an account in Bangalore.
Jurisdiction:
- Under Section 202(1), the court in Delhi (where the email was sent) or Mumbai (where the email was received) can hear the case.
- The court in Bangalore (where the money was received) can also hear the case due to the delivery of property aspect.
Common Questions and Answers:
- Q: What happens if an offense involving electronic communication occurs across state borders?A: The court in any of the states where the communication was sent or received has jurisdiction under Section 202(1).
- Q: What if the accused and the victim both reside in different locations, and the offense was committed online?A: The court where the communication was sent or received can handle the case. The victim’s location might also be relevant.
- Q: What happens if the offender moves after committing the offense?A: The court where the offense was committed or where the offender last resided with their first spouse would likely have jurisdiction. This can be complex and would depend on the specific facts of the case.
