Introduction
Section 202 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a special rule for determining the place of inquiry or trial where an offence is committed through electronic communications, letters or similar means.
The provision is particularly relevant where communication travels between different territorial jurisdictions and the criminal consequence occurs at a place different from the location from which the communication was sent.
Statutory Basis
Section 202 of BNSS, 2023 deals with the place of inquiry or trial for offences committed by means of:
- electronic communications;
- letters; and
- other similar means.
The provision creates a special territorial jurisdiction rule for offences where the communication or message is transmitted from one place and the legal consequence occurs at another place.
Meaning of Section 202
Section 202 addresses situations where an offence is committed through a communication that travels from one jurisdiction to another.
Under the provision, where an offence is committed by means of:
- electronic communications;
- letters; or
- telecommunication messages,
the offence may be inquired into or tried by a Court having jurisdiction over the place where the communication was sent or issued or where it was received.
The provision therefore recognises both ends of the communication as relevant territorial connections.
Object and Purpose
The purpose of Section 202 is to address offences where the use of communication makes it difficult to identify a single place of commission.
Modern communications can originate in one place and reach a person in another place. If jurisdiction were restricted exclusively to the place from which the communication originated, the receiving jurisdiction could face difficulties in dealing with the consequences of the offence.
Section 202 provides a clear territorial basis for such proceedings.
Essential Elements
1. Offence Committed by Means of Communication
The provision applies where the offence is committed by means of:
- electronic communications;
- letters; or
- telecommunication messages.
The communication must therefore have a connection with the commission of the offence.
2. Communication May Connect Different Places
The communication may originate in one territorial jurisdiction and be received in another.
The place from which it was sent and the place where it was received may therefore become relevant for determining jurisdiction.
3. Jurisdiction of the Court
The offence may be inquired into or tried by a Court within whose local jurisdiction:
- the communication or letter was sent or issued; or
- it was received.
This creates alternative territorial bases for inquiry or trial.
Electronic Communications
The reference to electronic communications is significant in the context of offences involving modern communication technologies.
Electronic communication may include communications transmitted through electronic or digital means where such communication is an integral part of the offence.
For example, a criminal communication may be sent electronically from one city to a person located in another city. Section 202 provides a jurisdictional basis connected with both the sending and receiving locations.
Letters and Telecommunication Messages
Section 202 also covers offences committed by means of letters or telecommunication messages.
The underlying principle is the same: the communication may connect two or more territorial jurisdictions, and the provision identifies the relevant places for determining where the offence may be tried.
Procedure
The operation of Section 202 can be understood in the following manner:
- Determine whether the alleged offence was committed by means of an electronic communication, letter or telecommunication message.
- Identify the place from which the communication was sent or issued.
- Identify the place where the communication was received.
- Determine whether the Court in either relevant jurisdiction has territorial jurisdiction under Section 202.
- The competent Court may then inquire into or try the offence in accordance with the BNSS.
Section 202 does not itself determine whether the accused is guilty. It only addresses the territorial jurisdiction of the criminal Court.
Example
A person in Chennai sends an electronic communication containing the means by which an offence is committed to a person in Bengaluru.
If the communication is received in Bengaluru, Section 202 may permit the offence to be inquired into or tried by a Court having jurisdiction over the place from which the communication was sent or the place where it was received, subject to the requirements of the provision.
Important Distinctions
Section 202 and Section 197 BNSS
Section 197 contains the general rule concerning the ordinary place of inquiry and trial, principally connecting jurisdiction with the place where the offence was committed.
Section 202 provides a special rule for offences committed through electronic communications, letters and similar means.
Sending and Receiving of Communication
The place where the communication originates and the place where it is received are both relevant under Section 202.
The provision therefore recognises that an offence involving communication may have territorial connections with more than one place.
Electronic Communication and Electronic Evidence
Section 202 is a jurisdictional provision. It determines the place where an offence may be inquired into or tried.
Questions concerning the admissibility, authenticity and proof of electronic records are primarily governed by the Bharatiya Sakshya Adhiniyam, 2023.
These two issues should not be confused.
BNSS and CrPC
Section 202 of BNSS broadly corresponds to Section 182 of the Code of Criminal Procedure, 1973.
The basic jurisdictional principle has been retained for offences committed through letters and telecommunication messages.
The BNSS expressly incorporates electronic communications into this territorial jurisdiction framework, reflecting the increasing use of electronic means in criminal conduct.
The provision should therefore be understood as an updated version of the earlier jurisdictional rule, adapted to the contemporary communication environment.
Relationship with BNS and BSA
The Bharatiya Nyaya Sanhita, 2023 (BNS) defines substantive criminal offences.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) determines the procedural framework, including territorial jurisdiction.
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs evidentiary questions, including the proof and admissibility of electronic records where applicable.
Thus, Section 202 determines where the criminal proceeding may take place, while the BSA governs the evidentiary treatment of relevant electronic material.
Important BNSS Provisions
- Section 197: Ordinary place of inquiry and trial.
- Section 198: Place of inquiry or trial.
- Section 199: Offence committed by reason of anything which has been done and of consequence which has ensued.
- Section 200: Offence by reason of relation to other offence.
- Section 201: Place of trial in case of certain offences.
- Section 202: Offences committed by means of electronic communications, letters, etc.
- Section 203: Offence committed on journey or voyage.
- Section 204: Offences triable together.
- Section 206: High Court to decide, in case of doubt, district where inquiry or trial shall take place.
Common Confusions
Does Section 202 apply only to internet offences?
No.
The provision is broader. It covers offences committed by means of electronic communications, letters and telecommunication messages.
Can a case be tried only where the communication was sent?
No.
Section 202 recognises both the place from which the communication was sent or issued and the place where it was received as relevant territorial connections.
Does Section 202 create a new criminal offence?
No.
Section 202 is procedural. It determines the territorial jurisdiction for inquiry or trial of offences committed through the specified means.
Does Section 202 itself establish that an electronic message is admissible as evidence?
No.
The question of admissibility and proof of electronic records is governed by the applicable provisions of the Bharatiya Sakshya Adhiniyam, 2023.
Quick Revision
- Section 202 BNSS deals with offences committed by means of electronic communications, letters, etc.
- It is a rule concerning territorial jurisdiction.
- It applies to offences committed through electronic communications, letters and telecommunication messages.
- The place from which the communication was sent or issued can provide jurisdiction.
- The place where the communication was received can also provide jurisdiction.
- The provision broadly corresponds to Section 182 CrPC.
- BNSS expressly recognises electronic communications in this framework.
- Section 202 determines where the case may be inquired into or tried, not whether the accused is guilty.
- Evidentiary questions concerning electronic records are governed primarily by the Bharatiya Sakshya Adhiniyam, 2023.
ALSO READ: Section 201 – Place of trial in case of certain offences
Conclusion
Section 202 of the BNSS adapts the territorial jurisdiction rules of criminal procedure to offences involving communications that may cross geographical boundaries. By recognising both the place from which a communication is sent or issued and the place where it is received, the provision ensures that criminal proceedings can be conducted in a jurisdiction having a legally recognised connection with the communication-based offence.
