Section 202 BNSS: Offences Committed by Means of Electronic Communications, Letters, etc.
Section 202 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with territorial jurisdiction for certain offences involving cheating through electronic communications, letters or telecommunication messages, and also specifies the courts that may inquire into or try an offence punishable under Section 82 of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 202, Bharatiya Nagarik Suraksha Sanhita, 2023
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 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.
What Section 202 BNSS Means
Section 202 is a special rule of territorial jurisdiction. Instead of restricting the inquiry or trial to only the place where an offence is said to have been committed, the provision recognises additional places that have a real connection with the alleged offence.
1. Cheating through electronic communications, letters or telecommunication messages
Under Section 202(1), where deception forming part of an offence of cheating is practised through electronic communications, letters or telecommunication messages, a competent court may inquire into or try the case at the place where the communication, letter or message was sent or at the place where it was received.
The express inclusion of electronic communications is significant for modern forms of communication. It allows the jurisdiction rule to operate where alleged deception is transmitted electronically rather than only through conventional letters or telecommunication messages.
2. Cheating involving delivery of property
Where cheating dishonestly induces delivery of property, Section 202(1) also permits inquiry or trial by a court within whose local jurisdiction the property was delivered by the person deceived or received by the accused.
| Situation | Possible territorial jurisdiction under Section 202 |
|---|---|
| Deception through electronic communication, letter or telecommunication message | Place where the communication, letter or message was sent or received |
| Cheating and dishonest inducement to deliver property | Place where the deceived person delivered the property or where the accused received it |
| Offence punishable under Section 82 BNS | Place where the offence was committed; where the offender last resided with the spouse by the first marriage; or where the wife by the first marriage permanently resided after the offence |
Section 82 BNS Referred to in Section 202(2)
Section 202(2) refers to Section 82 of the Bharatiya Nyaya Sanhita, 2023, which deals with marrying again during the lifetime of a husband or wife. For such an offence, Section 202(2) provides additional jurisdictional connecting factors relating to the place of commission, the last shared residence with the spouse by the first marriage, and the permanent residence taken up by the wife by the first marriage after the offence.
Section 202 BNSS and Former Section 182 CrPC
Section 202 BNSS corresponds to former Section 182 of the Code of Criminal Procedure, 1973. A notable modernization is the express reference to offences committed by means of electronic communications. The reference in the former provision to Sections 494 and 495 of the Indian Penal Code has also been replaced by the corresponding reference to Section 82 of the Bharatiya Nyaya Sanhita, 2023.
Practical Importance of Section 202
- It recognises that electronic and written communications may cross territorial boundaries.
- It permits jurisdiction at both the sending and receiving ends of the relevant communication.
- For cheating involving delivery of property, it recognises the place of delivery and the place of receipt by the accused.
- For an offence under Section 82 BNS, it provides special jurisdictional rules connected with the first marriage and residence of the parties.
- The provision concerns the territorial place of inquiry or trial; the court must otherwise be competent under the BNSS and other applicable law.
Related BNSS Provisions
Section 202 forms part of the BNSS provisions dealing with jurisdiction of criminal courts in inquiries and trials. Readers may also refer to Section 201 - Place of trial in case of certain offences, Section 203 - Offence committed on journey or voyage, and Section 204 - Place of trial for offences triable together.
Last reviewed: 11 September 2026.