One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Yes, an Apple ID locked iPhone sold without disclosure is cheating under Section 318 BNS, even for ₹2,500. A legal notice plus an online cybercrime complaint is the fastest low-cost route. Police in the buyer's state generally have jurisdiction because the loss occurred where the phone was delivered.
Rohan Gupta ordered a used iPhone on Quikr in early August 2025. The seller, Karan Malhotra, had listed an old model as "working condition" for ₹2,500 including shipping. Rohan paid via UPI that evening. The parcel reached Indore four days later. The first thing Rohan saw when he powered it on was an Apple ID belonging to someone else. He called Karan. "Forgot the password, boss. Give me three days," Karan said. Three days became a week, then a request for refund. Karan said the money was already spent. Rohan had Aadhaar, PAN, chat screenshots, and UPI transaction records. His local police station in Indore did not register anything. He then approached the Chamber of Advocate Sudhir Rao. The office prepared a demand notice under Section 318 BNS and filed an online cybercrime complaint citing Section 66D of the IT Act, with a copy to Quikr's grievance cell. Within ten days of the notice, Karan called back and refunded the money. Advocate Sudhir Rao's experience in online fraud matters helped secure that refund when the local police had earlier dismissed the complaint as too small.
Key Facts of the Case
- Buyer Rohan Gupta from Indore, Madhya Pradesh; seller Karan Malhotra from Ludhiana, Punjab.
- Used iPhone sold on Quikr for ₹2,500, paid via UPI.
- Device arrived Apple ID locked and unusable.
- Seller first said he forgot the password, later refused any refund.
- Buyer held seller's Aadhaar, PAN, chat logs, and UPI payment proof.
- Local police station initially refused to register a complaint.
- Legal notice under Section 318 BNS and cyber crime complaint under Section 66D of the Information Technology Act, 2000 was filed online. Quikr’s grievance cell was also copied.
Is an Apple ID locked iPhone fraud cheating under Section 318 BNS?
Yes. When a seller advertises a phone as working and delivers an Apple ID locked iPhone, the buyer is cheated. Section 318 BNS covers cheating where a person dishonestly induces another to deliver property. The amount does not have to be large. Even ₹2,500 is enough if the seller knew, or should have known, that the phone was locked and unusable.
An Apple ID lock is not a small defect. The phone cannot be used unless the seller removes the lock from their Apple account. If the seller cannot or will not remove it, the buyer has paid for a device that is useless to them. Hiding that fact at the time of listing is the deception.
Why does Section 66D of the IT Act also apply?
Section 66D of the Information Technology Act, 2000 punishes cheating by personation using a computer resource. When the seller used Quikr and UPI to pose as the owner of a working phone, the transaction was carried out through electronic means. The online cybercrime complaint citing Section 66D moves the case into the cybercrime reporting system, where chat screenshots, UPI records and seller details can be tracked more easily.
What should you do if you are caught in an Apple ID locked iPhone fraud?
Do not wait for the seller’s “three days.” That promise often gives the seller time to disappear. Take these steps in order:
- Save every screenshot: the listing, the chat, the UPI payment, and any Aadhaar or PAN details the seller shared.
- Send a formal legal notice by speed post or email. A lawyer can draft it under Section 318 BNS and Section 66D of the IT Act. In this matter, the seller refunded within ten days of receiving the notice.
- File a cybercrime complaint online through the National Cyber Crime Reporting Portal or the local cyber cell. Attach the same evidence.
- Write to the marketplace’s grievance officer. Platforms are expected to share seller details for a lawful investigation.
Do police in the buyer’s state have jurisdiction over a cyber fraud?
Generally, yes. A cheating case arising from an online sale can be reported where the loss occurred. Here, that was Indore, where the phone was delivered and the money was paid. The local police station that initially refused to register a complaint was wrong to treat the amount as too small. If a station refuses, the buyer can file an online cybercrime complaint or a written complaint to the Superintendent of Police.
The seller being in Punjab does not prevent the buyer in Madhya Pradesh from acting. In online fraud cases, the offence usually continues where the loss is suffered.
What does a legal notice cost and how long does it take?
A legal notice for a ₹2,500 iPhone fraud is usually inexpensive compared with litigation. It can be drafted and sent within a day or two. In this matter, the seller responded within ten days and refunded the money. Not every seller will respond that quickly, but a short, precise notice with proof of the listing and payment tends to work when the seller is still reachable.
If the notice fails, the next step is a formal police complaint. That path takes longer and depends on the police’s willingness to register and investigate. The online cybercrime route helps keep the complaint moving when a local station sits on it.
What to send if you are in a similar situation
If you have already paid and the phone is Apple ID locked, send the listing screenshot, the UPI payment proof, and a two-line note of what the seller said. You can reach the chamber through the contact page or book a short call. That is enough to start a legal notice.
Frequently Asked Questions
Is a ₹2,500 fraud too small for police to act?
No. Section 318 BNS does not require a minimum loss amount. Police may informally treat small amounts as low priority, but they cannot refuse to record a cognizable offence only because the amount is small. If a station refuses, ask for a written refusal or move to the Superintendent of Police.
Can I recover the money without going to court?
Often, yes. A legal notice and a cybercrime complaint are enough when the seller wants to avoid a case. In this matter, the refund came after the notice. There is no guarantee, but these are the first two steps.
What if the seller says he forgot the Apple ID password?
He can reset it or remove the device from his Apple account. If he cannot or will not, the phone is not in working condition. That failure supports the cheating allegation.
Do I need a lawyer for a cybercrime complaint?
You can file online yourself. But a short legal notice drafted correctly can prompt a refund before you spend months following a police complaint.
This article is general information and is not legal advice for your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.