Offences committed by letters, etc
AI Assist
Summary
When cheating is done by letters or telecommunication messages, any court in whose local area those letters or messages were sent or received may inquire into or try the offence. If the cheating dishonestly induced delivery of property, the case may be tried where the deceived person delivered the property or where the accused received it. Offences under sections 495 or 494 IPC may be tried where the offence occurred or where the accused last lived with the spouse by the first marriage, or where that first wife has taken up permanent residence after the offence.
Example
Priya receives a fraudulent WhatsApp message asking her to transfer money for a fake job; the message was sent from Delhi and received in Chennai. The cheating case can be tried in any court in Delhi or any court in Chennai because those are the places the telecommunication message was sent and received.
Bare Act
Enacted text(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 495 or section 494 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 first marriage has taken up permanent residence after the commission of offence.
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