Offences committed by means of electronic communications, letters, etc
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Summary
Cheating done by email, letter or other telecom messages can be tried in any court where those messages were sent or received. If the deception led to delivery of property, the trial can also be in the court where the property was handed over or where the accused got it. Certain specified offences may instead be tried where the offence occurred, or where the offender last lived with their first spouse, or where that first spouse later took up permanent residence.
Example
Priya gets a fake order confirmation by email that tricks her into sending a parcel to a fraudster. She can file the complaint in any court that covers the place the email was sent from or the place she received it. If the fraudster received the parcel in another town, the case may also be tried where the parcel was delivered.
Bare Act
Enacted 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.
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