Section 202 BNSS: Offences committed by means of electronic communications, letters, etc

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 202 BNSS at a Glance

Section 202 BNSS deals with offences committed by means of electronic communications, letters, etc. It replaced Section 182 CrPC on 1 July 2024.

Was CrPC

Section 182 →

Section 202 BNSS Bare Act Text

(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.

Source: Section 202, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 202 BNSS in Simple Words

Section 202 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with offences committed by means of electronic communications, letters, etc. Under Section 202(1) BNSS, an offence that includes cheating is covered where electronic communications or letters or telecommunication messages are the means used to practise the deception. Any Court in whose local jurisdiction those electronic communications or letters or messages were sent, or were received, may inquire into or try that offence. A second rule covers an offence of cheating and dishonestly inducing delivery of property.

A Court in whose local jurisdiction the person deceived delivered the property may inquire into or try it. So may a Court in whose local jurisdiction the accused person received the property. Under Section 202(2) BNSS, an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is covered. A Court in whose local jurisdiction the offence was committed may inquire into or try it.

So may a Court in whose local jurisdiction the offender last resided with the spouse of the offender by the first marriage. So may a Court in whose local jurisdiction permanent residence has been taken up, after the offence was committed, by the wife by the first marriage.

When Section 202 BNSS Applies

  • Under Section 202(1) BNSS, 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.
  • Under Section 202(1) BNSS, 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.
  • Under Section 202(2) BNSS, 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.

Example of Section 202 BNSS

Arjun sends electronic communications from Pune to Kavita in Nagpur. The electronic communications are part of an offence which includes cheating, and the deception is practised by means of the electronic communications. Under Section 202(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence may be inquired into or tried by any Court within whose local jurisdiction the electronic communications were sent, which is Pune, or were received, which is Nagpur. Arjun also dishonestly induces Kavita to deliver goods. Kavita delivers the goods in Surat and Arjun receives the goods in Ahmedabad. Under Section 202(1) BNSS, that offence may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived, which is Surat, or was received by the accused person, which is Ahmedabad.

When Section 202 BNSS Does Not Apply

  • Section 202(1) BNSS speaks of cheating by means of electronic communications or letters or telecommunication messages. It does not deal with an offence committed on a journey or voyage, which is the subject of Section 203 BNSS.
  • Section 202(2) BNSS speaks of offences punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023. It does not deal with the ordinary place of inquiry and trial, which is the subject of Section 197 BNSS.

Section 202 BNSS in the CrPC (Previous Law)

Section 202 BNSS replaced Section 182 CrPC from 1 July 2024.

Section 202 BNSS is headed Offences committed by means of electronic communications, letters, etc where Section 182 CrPC was headed Offences committed by letters, etc. Section 202(1) BNSS adds the words electronic communications or to the means of deception and to the things sent or received. Section 202(2) BNSS cites section 82 of the Bharatiya Nyaya Sanhita, 2023 where Section 182(2) CrPC cited section 494 or section 495 of the Indian Penal Code. The rest of Section 202 BNSS has the same text as Section 182 CrPC.

Each sub-section below names its own source.

FAQs on Section 202 BNSS

Which Courts may inquire into or try cheating by electronic communications, letters or telecommunication messages under Section 202(1) BNSS?▼

Under Section 202(1) BNSS, 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.

Where may an offence of cheating and dishonestly inducing delivery of property be inquired into or tried under Section 202(1) BNSS?▼

Under Section 202(1) BNSS, 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.

Which Courts may inquire into or try an offence under Section 202(2) BNSS?▼

Under Section 202(2) BNSS, 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 changed from Section 182 CrPC to Section 202 BNSS from 1 July 2024?▼

From 1 July 2024, Section 202 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 182 of the Code of Criminal Procedure, 1973. Section 202 BNSS is headed Offences committed by means of electronic communications, letters, etc where Section 182 CrPC was headed Offences committed by letters, etc. Section 202(1) BNSS reads by means of electronic communications or letters or telecommunication messages where Section 182(1) CrPC read by means of letters or telecommunication messages, and reads such electronic communications or letters or messages were sent or were received where Section 182(1) CrPC read such letters or messages were sent or were received. Section 202(2) BNSS reads section 82 of the Bharatiya Nyaya Sanhita, 2023 where Section 182(2) CrPC read section 494 or section 495 of the Indian Penal Code, a change of citation from the Indian Penal Code to the Bharatiya Nyaya Sanhita. The rest of Section 202 BNSS has the same text as Section 182 CrPC.

Section 202 BNSS: Sub-sections Explained

Section 202(1) BNSS: Offences committed by letters, etc

▶

Bare Act Text

(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.

Previous Law

CrPC 182 → Section 202(1) BNSS

Section 202(2) BNSS: Offences committed by letters, etc

▶

Bare Act Text

(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.

Previous Law

CrPC 182(2) → Section 202(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·