Section 182 CrPC: Offences Committed by Letters, etc.
Code
(1) Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such 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 494 or section 495 of the Indian Penal Code (45 of 1860) 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 1 [, or the wife by the first marriage has taken up permanent residence after the commission of the offence].
Explanation
Section 182 CrPC states that if a person commits an offence through a letter, telegram, or any other similar written communication, the offence is deemed to have been committed at the place where the letter, telegram, or communication is sent or delivered.
This means that even if the person who committed the offence is in a different location, they can be prosecuted in the court having jurisdiction over the place where the communication was sent or received.
Illustration
Suppose a person sends a threatening letter from Mumbai to someone in Delhi. Even though the person who sent the letter is in Mumbai, they can be prosecuted in a Delhi court because the letter was received in Delhi.
Common Questions and Answers
Q: What are some examples of offences that can be committed through letters or similar communication?
A: Some examples include:
Threatening letters
Defamatory statements
Obscene or indecent communication
Forgery
Q: What if the person who sent the communication is not identified?
A: If the sender is not identified, the offence can still be prosecuted. The prosecution will need to prove that the communication was sent from a particular location.
Q: What are the punishments for offences committed under Section 182 CrPC?
A: The punishments for offences under this section will vary depending on the specific offence committed. However, the maximum punishment that can be imposed is imprisonment for life.
