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: If someone uses your address, phone number, and workplace details to place a fake food delivery, it can be a criminal offence like criminal intimidation or stalking under the Bharatiya Nyaya Sanhita. You can file a police complaint, get a non-cognizable report or FIR, and also approach the platform's grievance officer. Do not ignore it—this may escalate to physical threats or cyber harassment.
Priya Mehta, a 34-year-old single mother living in a rented apartment in Koramangala, Bangalore, returned from work one evening in early March 2025 to find a delivery partner from a popular food delivery app waiting at her doorstep. She had not placed any order. The delivery person correctly described her apartment's surroundings, her job title, and her full address. Priya felt her skin crawl. She immediately called the app's customer support and emailed their grievance cell. The response was cold—they confirmed an order ID and a name she had never heard, but refused to share further details citing "customer privacy." She spoke to the building secretary, who confirmed interacting with the delivery person on CCTV. No one had come to her door before or after. Priya then approached the Chamber of Advocate Sudhir Rao. Her earlier attempts to get answers from the app went nowhere. The office immediately recognised the pattern—this wasn't a prank. It was targeted harassment potentially linked to a past workplace dispute. Advocate Sudhir Rao and his office helped Priya draft a detailed complaint, secure the CCTV footage, and file a formal complaint at the local police station. The specialised approach—focusing on the linkage between the fake order and a known harasser—secured a quick investigation. Within a week, the police identified the perpetrator, a former colleague, who admitted to ordering the fake delivery to intimidate Priya.Key Facts of the Case
- Priya received an unsolicited food delivery at her home address in Koramangala, Bangalore.
- The delivery person correctly named her workplace title and location.
- The food delivery platform refused to disclose the orderer's identity, citing privacy policy.
- CCTV footage confirmed the delivery person's presence and interaction with the building secretary.
- Priya had faced workplace harassment earlier from a former colleague.
- Advocate Sudhir Rao's office secured a formal police complaint under BNS provisions.
- The investigation revealed the harasser had accessed Priya's personal details from a shared office database.
- A direction was issued to the platform to preserve all order-related data for investigation.
The Direct Legal Answer
Can I file a police complaint for a fake delivery?
Yes. This is not a civil nuisance. It can constitute criminal intimidation under Section 351 BNS or stalking under Section 77 BNS. The use of your address and job title to harass you is a clear criminal act.
Does the platform have to share the orderer's details?
Not without a legal process. The platform cited privacy correctly, but you can get a police requisition or court order directing them to disclose the information for investigation. That's exactly what Advocate Sudhir Rao's office did in this case.
Is my safety at risk?
Yes. Someone knowing your home address, phone number, and workplace is a serious red flag. Do not take this lightly. File a complaint immediately and consider a protection order if the harassment continues.
Advice in Such Cases
First, preserve all evidence. That includes the order confirmation message, delivery partner's call log, and CCTV footage. Do not delete anything. Second, approach the platform's grievance officer in writing and request them to preserve all data related to the order.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Third, file a police complaint at the station with jurisdiction over your area. This type of case—where a digital platform and offline harassment intersect—requires a lawyer who regularly handles cyber and criminal matters. General practitioners often miss the procedural steps needed to compel the platform to cooperate. The office of Advocate Sudhir Rao has handled several such cases and knows exactly how to frame the complaint to trigger a proper investigation.
Applicable Sections of Law
- Section 77 BNS (Stalking): Covers following, contacting, or monitoring a person repeatedly despite clearly expressed disinterest. The fake delivery can be interpreted as a form of monitoring or harassment.
- Section 351 BNS (Criminal Intimidation): Any act that causes alarm or fear of injury to a person's safety. The fake order, combined with knowledge of your address, can fall under this.
- Section 318 BNS (Cheating by personation): Using someone else's identity to place the order without consent. The orderer impersonated you.
- Section 319(2) BNS (Cheating): Fraudulent or dishonest inducement causing harm. The platform and delivery services were deceived.
Punishment and Penalties
- Stalking (Section 77 BNS): Up to 3 years imprisonment for first offence; up to 5 years for subsequent offences. Cognizable and bailable. Compoundable only in cases involving a settlement between parties.
- Criminal Intimidation (Section 351 BNS): Up to 2 years imprisonment, or fine, or both. Cognizable and bailable. Non-compoundable.
- Cheating by personation (Section 318 BNS): Up to 3 years imprisonment and fine. Cognizable and bailable. Non-compoundable.
Jurisdiction — Where to File the Case
The police complaint should be filed at the police station having territorial jurisdiction over the place where the delivery was made—your home address. For a criminal complaint, approach the Magistrate's court in the same jurisdiction if the police refuse to act. Jurisdiction matters because the investigation and trial will be conducted where the offence occurred. Filing at the wrong station may cause delays.
What if Police Refuse to File FIR?
If the police say this is a "civil matter" or refuse to register an FIR, remind them that a fake delivery used to intimidate you is a criminal offence. Here's what you can do:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS for a direction to register the FIR.
- File a private complaint before the Magistrate under Section 175(3) BNSS.
- As a last resort, approach the High Court for a writ of mandamus directing the police to register the FIR.
Rights of the Accused
Even in a case like this, the accused has rights that must be respected. Among them:
- Right to remain silent and against self-incrimination (Article 20(3) of the Constitution).
- Right to legal representation at every stage (Article 22).
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest.
Bail Provisions
Under the BNSS, stalking under Section 77 BNS is bailable. The accused can apply for regular bail before the Magistrate. However, if the harassment escalates to threats or physical harm, the offence may become non-bailable. Anticipatory bail under Section 482 BNSS is available if the accused fears arrest. In this case, the accused was arrested but granted bail on the same day. Bail conditions typically include not contacting the victim and not tampering with evidence.
Quashing of FIR / Case
The accused may file a quashing petition under Section 528 BNSS before the High Court, arguing that no prima facie offence is made out. For a fake delivery case, quashing is rarely successful if the victim's safety is clearly at risk. Quashing is more viable if the matter is purely civil or a misunderstanding. In Priya's case, the High Court refused to quash the FIR given the clear pattern of harassment.
If You Are the Victim
- Do not respond to the delivery person or engage with the unknown caller. Treat it as a potential threat.
- Preserve all call logs, SMS, and app notifications related to the order.
- Approach the platform's grievance officer in writing and request data preservation.
- File a police complaint immediately. Do not wait for the platform to cooperate.
- Consider a temporary change of address if you feel unsafe, and inform your workplace about the situation.
Documents You Must Keep Ready
- Proof of identity (Aadhaar card, PAN card, driver's licence).
- CCTV footage from the building or apartment premises.
- Call logs and screenshots of the order confirmation or delivery partner messages.
- Email correspondence with the platform's grievance cell.
- Any previous complaints or evidence of workplace harassment.
- Written statement from the building secretary or any witness who interacted with the delivery person.
What Evidence Is Required?
- Primary evidence: The CCTV footage showing the delivery person at your door. The call log showing the delivery partner's numbers.
- Secondary evidence: Screenshots of the order confirmation from the platform, even if in your name. Screenshots of the platform's response email.
- Witness testimony from the building secretary or neighbours who saw the incident.
- Any evidence linking the accused to the order—such as IP logs or payment method details, which the platform must disclose through a legal process.
- Important: Your own testimony describing the fear and anxiety caused by the incident counts as evidence. File a detailed affidavit if needed.
How the Police Behave in Such Cases
Police typically treat fake delivery complaints as a civil nuisance unless you frame it correctly. Without a lawyer, they may say "it's just a prank, ignore it." But with a properly drafted complaint under stalking and criminal intimidation, they are compelled to investigate. In this case, the police were initially hesitant. After Advocate Sudhir Rao's office provided the legal framework and the CCTV evidence, the investigation moved swiftly. Police can also issue a notice to the platform to preserve all records.
Timeline of Legal Process
- Day 1-3: File FIR or complaint at police station. Police may start preliminary inquiry.
- Week 1-2: Police issue notice to platform for order details. Investigation begins.
- Week 2-4: Accused identified. Arrest or summons issued. Bail hearing typically within 24 hours of arrest.
- Month 2-3: Chargesheet filed before Magistrate. Court takes cognizance.
- Month 3-6: Framing of charges. Trial begins if accused pleads not guilty.
- Month 6-12: Trial and judgment. Appeal to Sessions Court if convicted or acquitted.
How Long Will the Investigation Take?
If the platform cooperates and the accused is identifiable from the order history, the investigation can conclude in 2-4 weeks. If the platform resists, a court order may add another 4-6 weeks. Most fake delivery harassment cases are resolved within 3 months from FIR to chargesheet.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Stalking under Section 77 BNS is compoundable if the parties settle between themselves. In Priya's case, the accused offered an apology and agreed to a settlement. But the office of Advocate Sudhir Rao advised against accepting it outright—the harassment was serious, and a settlement without consequences may encourage repeat behaviour. For criminal intimidation under Section 351 BNS, the offence is non-compoundable. However, in practice, if the victim is satisfied, the Magistrate may reduce the sentence. Always consult your lawyer before settling.
Common Mistakes People Make
- Ignoring the incident: Not treating it as a potential threat. This can embolden the harasser.
- Deleting call logs or platform messages: This destroys critical evidence.
- Engaging with the delivery person or unknown caller: Do not argue or provide more personal information.
- Posting about the incident on social media: This can alert the harasser and compromise the investigation.
- Engaging a lawyer without domain-specific experience: A general practitioner may not know how to frame a complaint under stalking and intimidation, or how to compel the platform to disclose data. Domain expertise in cyber and criminal harassment matters—an advocate who regularly handles such cases will file the right sections and follow the correct procedure from day one.
- Filing a complaint only with the platform: Relying solely on the grievance cell delays the legal process. You must simultaneously approach the police.
FAQs People Normally Have
Can I get a protection order or a restraining order?
Yes. If the harassment continues, you can file an application before the Magistrate under the Protection of Women from Domestic Violence Act, 2005 (if you are a woman) or seek a protection order under Section 357 BNSS. The office of Advocate Sudhir Rao has secured several such orders for clients facing similar threats.
What if the platform deletes the order data?
That is unlikely. Platforms keep order records for at least 6-12 months. But you should still act quickly. A police notice or court order can compel them to preserve the data. Do not delay.
Can I claim compensation from the platform?
Possibly, under the Information Technology Act, 2000, if the platform failed to protect your data or prevented the disclosure of the harasser's identity. This is a separate civil claim. In Priya's case, the platform eventually paid a small compensation to avoid litigation.
How do I prove it was a specific person?
The platform's records—orderer's name, payment method, IP address, and device details—are the best proof. You need police or court orders to access them. Also, look for any prior harassment from the same person.
Should I change my phone number and address?
Only if you feel genuinely unsafe. Changing your number is easier, but address change is significant. Consult your lawyer before making such a move—it may affect the jurisdiction of the case.
This article is general legal information, not legal advice. Consult a qualified advocate about 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.