Section 182 CrPC and Section 202 BNSS: Offences Committed by Letters and Electronic Communications
Section 182 of the Code of Criminal Procedure, 1973 prescribed where offences involving cheating through letters or telecommunication messages, and specified marriage offences, could be inquired into or tried. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 202, which expressly includes electronic communications.
Section 182 CrPC: Original statutory provision
182. Offences committed by letters, etc.
(1) Any offence which includes cheating may, if the deception is practiced 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, or the wife by the first marriage has taken up permanent residence after the commission of the offence.
Historical legislative note: The additional residence-based jurisdiction concerning the wife by the first marriage was inserted by Act 45 of 1978, Section 15, with effect from 18 December 1978.
Section 202 BNSS: Present corresponding provision
Section 202(1) BNSS provides for inquiry or trial of an offence involving cheating through electronic communications, letters or telecommunication messages in a court within whose local jurisdiction the communication was sent or received. Where cheating dishonestly induces delivery of property, the court where the deceived person delivered the property or where the accused received it may also have territorial jurisdiction.
Section 202(2) BNSS concerns offences punishable under Section 82 of the Bharatiya Nyaya Sanhita, 2023 (marrying again during the lifetime of a husband or wife). It permits inquiry or trial in the jurisdiction where the offence occurred, where the offender last resided with the spouse of the first marriage, or where the wife of the first marriage took up permanent residence after the offence.
Meaning of the key legal provisions
Cheating and dishonest inducement
Cheating involves deception and the legally specified inducement or harm. The substantive offence is now addressed by Section 318 BNS, while older matters may refer to Sections 415 and 420 IPC. Territorial jurisdiction under Section 202 BNSS is a procedural question separate from proving the ingredients of cheating.
Electronic communications and letters
The expression covers relevant communications used to practise deception, potentially including email, messaging services and other electronic communications. The court must assess the actual sending and receipt locations and the evidence connecting them to the alleged offence.
Bigamy
Section 82 BNS concerns marrying again during the lifetime of a husband or wife in circumstances prohibited by law, including the aggravated situation of concealing the former marriage. It broadly corresponds to Sections 494 and 495 IPC. Section 202(2) BNSS specifies additional places where the offence may be inquired into or tried; it does not itself establish criminal guilt.
How territorial jurisdiction works: Practical examples
- Cheating by email: If a deceptive email is sent from Mumbai and received in Delhi, courts at the relevant sending or receiving location may have jurisdiction under Section 202(1), subject to proof of the alleged offence and other applicable rules.
- Induced transfer of property: Where deception causes a victim to deliver property in one district and the accused receives it in another, the statutory provision may permit proceedings in either relevant jurisdiction.
- Second marriage: In a case attracting Section 82 BNS, jurisdiction may arise where the alleged second marriage occurred, where the accused last resided with the first spouse, or where the first wife permanently resides after the alleged offence, as the provision specifies.
Relationship with other jurisdiction provisions
Section 197 BNSS sets out the ordinary rule concerning the place of inquiry and trial. Sections 198 to 204 BNSS address specified situations, including uncertain locations, acts and consequences in different places, related offences, certain offences, electronic communications, journeys and offences triable together. The facts and applicable statutory conditions determine which rule governs.
Frequently asked questions
Is Section 182 CrPC still the current provision?
For new proceedings governed by the BNSS, the corresponding provision is Section 202 BNSS. Section 531 BNSS contains repeal and saving rules relevant to earlier and pending proceedings.
Can a cheating case be tried where an email was received?
Yes, Section 202(1) BNSS expressly recognizes the location where the relevant electronic communication was received as a potential place of inquiry or trial, provided the statutory conditions are met.
Does the victim's bank location always decide jurisdiction?
No. The court considers the statutory places of communication, delivery and receipt of property, together with the actual facts. A bank account's location alone should not be treated as automatically decisive.
Which law replaced IPC Sections 494 and 495?
Section 82 BNS addresses the corresponding offences involving remarriage during the lifetime of a spouse, including concealment of an earlier marriage.
Official legal references
- India Code - official central legislation database (search for BNSS Act 46 of 2023, BNS Act 45 of 2023 and CrPC Act 2 of 1974).
- Bureau of Police Research and Development - BNSS text and comparison.
- National Crime Records Bureau - BNSS section index.
Legal note: This article is general legal information. Court jurisdiction and the applicable transitional law depend on the specific allegations, dates and procedural history.