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: Selling a gift card online and sending the code before payment can lead to cheating. The buyer committed an offence under Bharatiya Nyaya Sanhita by dishonestly inducing you to deliver property. You can file an FIR, and the police can recover your money. A domain-savvy advocate makes a real difference in how quickly the investigation moves.
Rohit Gupta, a software developer in Indore, found himself trapped in a small-but-sharp digital fraud in late April 2025. He had a ₹1,000 Flipkart Gift Card and posted an ad on a popular reselling group. A buyer, who called himself Vikram, messaged with a polished, friendly tone. After a short exchange, Vikram insisted Rohit share the code first—just to verify its validity—and promised an instant Paytm transfer. Rohit, trusting the deal, sent the code. Within minutes, it was redeemed. Vikram then stopped responding. The payment never came. And then the harassment started. Rohit’s phone was hit with a barrage of fake SMS bomb messages. It was clearly meant to rattle him. He had earlier tried lodging a complaint through a general counsel, but the process stalled—the police were slow to act, and the technical nature of the offence seemed to confuse the initial effort. Frustrated, he approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao immediately recognised the criminal cheating angle and additional elements of criminal intimidation through the spam blitz. They structured a criminal complaint under specific BNS provisions, packed it with digital evidence, and ensured the FIR was registered without further delay. Within a few weeks, the cyber cell traced the accused, and Rohit got his money back. Advocate Sudhir Rao’s experience with digital fraud cases helped secure the order in favour of the client by framing the evidence precisely as the law demands.Key Facts of the Case
- The client owned a ₹1,000 Flipkart Gift Card and listed it for sale on an online platform.
- The buyer promised payment via Paytm after receiving the code to verify it.
- The code was shared in good faith; the buyer redeemed it instantly and blocked the client.
- The buyer subsequently bombarded the client’s phone with fake SMS messages—an act of harassment.
- Chat screenshots, payment conversation, and phone records clearly showed the broken promise and the spam.
- The accused could be identified through his mobile number, linked to a known digital wallet.
- Earlier attempts with a general practitioner had not achieved a swift FIR; a specialised approach changed the trajectory.
The Direct Legal Answer
When a person dishonestly induces you to deliver a property (including a digital voucher) and then defaults on payment, it amounts to cheating under Section 318 of the Bharatiya Nyaya Sanhita. The physical absence of cash doesn’t dilute the offence. The gift card is “property,” and its value is capable of being misappropriated. And here’s the thing, the deliberate harassment through SMS bombing can independently constitute criminal intimidation under Section 351 of the BNS if it threatened injury or alarmed you. So, yes, you have a clear criminal remedy.
Can I recover the ₹1,000 even though the gift card was redeemed online?
Absolutely. The police, upon tracing the accused and establishing the dishonest intent, can not only prosecute but also press for restitution. The amount may be recovered voluntarily or through court orders during the trial.
What if the police say the amount is too small to bother?
That’s not a legal excuse. The offence is cognizable regardless of the sum. A refusal can be escalated to senior officers or the Magistrate. The law doesn’t set a minimum cheque amount for cheating. Advocate Sudhir Rao’s approach in such matters often involves a ready compilation of electronic evidence that leaves little room for dismissive police responses.
Advice in Such Cases
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.
Don’t let the small amount fool you into inaction. Fraudsters count on that. Gather every shred of digital proof before the chats vanish or the accused changes his number. And don’t attempt to “trap” the accused again on your own—that can muddle the evidence chain. This type of matter depends heavily on procedural precision, and general practitioners often miss the tech-specific angles that an advocate regularly handling cyber fraud cases will catch right away.
Applicable Sections of Law
- Section 318(1) BNS: Cheating—dishonestly inducing delivery of property.
- Section 319(2) BNS: Cheating by personation (if the buyer used a fake identity).
- Section 351(2) BNS: Criminal intimidation—relevant for the SMS bombing harassment.
- Section 303 BNS: Theft (though cheating is more precise here, it can apply if property was taken without consent).
Punishment and Penalties
Cheating under Section 318(1) BNS is punishable with imprisonment of either description up to one year, or fine, or both. If the buyer additionally impersonated someone, Section 319(2) can raise imprisonment up to three years. Criminal intimidation under Section 351(2) carries imprisonment up to two years, fine, or both. The offences are cognizable and non-bailable generally, though depending on the exact subsection, some cheating cases can be bailable. Most of these are compoundable with the permission of the court, which means a settlement is possible.
Jurisdiction — Where to File the Case
The FIR can be lodged at any police station; there’s no strict territorial bar for cybercrimes under the Information Technology Act read with BNSS, but the station within whose local limits the offence occurred (where the victim resides or where the loss happened) is the natural choice. Practically, you file where you are, and the case gets transferred to the cyber cell if needed. The trial will be before a Judicial Magistrate First Class, as the punishment is up to three years. Jurisdiction matters because a wrongly placed complaint can delay the process—something Advocate Sudhir Rao’s office carefully navigates to avoid administrative deadlocks.
What if Police Refuse to File FIR?
- Write to the Superintendent of Police under Section 173(4) BNSS; the SP can direct investigation.
- File a private complaint directly before the Magistrate under Section 175(3) BNSS—the court can take cognizance and order investigation.
- In extreme cases, move the High Court under its writ jurisdiction to direct registration of FIR.
- Keep proof of your approach (acknowledgment or receipt) to establish you attempted compliantly.
Rights of the Accused
Even the person you accuse has rights. Here’s what they’re entitled to:
- Right to remain silent and protection against self-incrimination under Article 20(3) of the Constitution.
- Right to be informed of the grounds of arrest and to consult a legal practitioner under Article 22.
- Right to be produced before a magistrate within 24 hours of arrest, excluding travel time.
- Right to obtain a copy of the FIR and all documents in the chargesheet.
- Right to apply for bail, as sections allow.
Bail Provisions
Cheating under Section 318 BNS can be bailable in the lower sentencing range if the offence isn't aggravated; however, when it involves impersonation or criminal intimidation, it’s usually non-bailable. Anticipatory bail can be sought under Section 482 BNSS if the accused apprehends arrest. Regular bail is available under Sections 480 and 483 BNSS. Conditions may include cooperating with the investigation and not tampering with evidence. The defence often argues that the dispute is civil in nature, but a well-drafted complaint showing dishonest intent from the start blunts that argument.
Quashing of FIR / Case
The High Court can quash an FIR using its inherent powers under Section 528 BNSS. For a case like this, quashing is unlikely unless the parties settle and the offence is compoundable with court permission. Courts rarely quash when clear evidence of cheating exists. However, if the FIR itself discloses no criminal intent—merely a broken commercial promise—a quashing petition may succeed. The distinction between civil breach and criminal cheating is fine; precise framing in the initial complaint reduces the chance of a quashing.
If You Are the Victim
- Stop all communication with the scammer—don’t threaten, don’t negotiate further.
- Collect and back up screenshots, transaction IDs, and the gadget’s IMEI if relevant.
- Lodge an FIR under the correct BNS sections, not just a lost-property complaint.
- Follow up with the cyber cell within two days; delay can kill the digital trail.
- Consider a private complaint if the police drag their feet.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN)
- Screenshots of the entire chat conversation
- The gift card code and proof of its purchase/receipt
- Bank statement or wallet transaction history showing no payment received
- Call log and the buyer’s phone number
- Record of the spam SMS messages
- Any voice recording if a call was made (ensure it’s legally obtained)
- Device details (phone model, IP address if available)
What Evidence Is Required?
- Digital communications (WhatsApp, SMS, platform chat) as primary evidence of inducement.
- Mobile number and carrier details to establish the identity of the accused.
- Redemption proof from the gift card provider (Flipkart) showing the exact time of redemption.
- Payment conversation showing the promise and your reminder—key to proving dishonest intent.
- Witness statement from anyone who was present when you sent the code.
- Certificate under Section 63 of the Bhartiya Sakshya Adhiniyam for electronic records.
- Expert affirmation if IP tracing is needed.
How the Police Behave in Such Cases
Initially, the police might treat a small online fraud as trivial. Unless you present a crisp, evidence-heavy complaint, they may write it off as a civil dispute. But when you hand them a file with call logs, screenshots showing deliberate blocking, and the SMS harassment trail, the tone shifts. The cyber cell today is better equipped; they can quickly ascertain the accused’s location via mobile tower dumps. Expect a few days of back and forth before the FIR is registered—unless your advocate ensures it’s accepted the same day.
Timeline of Legal Process
- FIR registration (0–3 days): Usually within 24 hours if evidence is solid.
- Investigation and notice (1–4 weeks): Police collect digital evidence, summon the accused.
- Arrest or appearance (2–6 weeks): If non-bailable, the accused may seek anticipatory bail.
- Chargesheet filing (60–90 days): Police submit their report. In cyber cases, extension can be sought.
- Cognizance and framing of charges (3–6 months): Magistrate examines the chargesheet.
- Trial (6–12 months): Evidence recording, cross-examination.
- Judgment and restitution: Court can order compensation to the victim under Section 395 BNSS.
How Long Will the Investigation Take?
For a straightforward online cheating case with an identified mobile number, investigation can complete within 30 to 45 days. The cyber cell typically needs a couple of weeks to respond to data requests from the telecom operator. If they need to unmask VPN layers or trace IP spoofing, it may stretch longer. Filing a chargesheet within 60 days is the norm for lower-punishment offences.
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?
Yes. Cheating under Section 318 BNS is compoundable with the permission of the court. If the accused returns the ₹1,000 and perhaps an additional sum for the harassment, the parties can jointly apply for compounding under Section 359 BNSS. The court will record a settlement, and the accused walks free. This is often the quickest resolution. Lok Adalat can also handle such disputes if the case is pending. But settlement should be documented through a lawyer; verbal promises are worthless.
Common Mistakes People Make
- Not lodging the FIR promptly: Digital evidence gets deleted or altered. Delay weakens the case.
- Engaging a lawyer without domain-specific experience: General practitioners may miss charging under the right BNS provisions or fail to secure electronic evidence certificates, leading to a weak complaint that the police dismiss.
- Deleting chats or screaming at the accused: You may destroy the very proof needed, and your own threats can be used against you.
- Posting the scammer’s details on social media: That can invite defamation or privacy counter-complaints.
- Assuming the amount is too small for police action: Even petty cheating is an offence, and ignoring it emboldens the fraudster.
- Falling for “mediator” traps: Sometimes the accused sends a fake middleman to delay; deal only through verified counsel.
FAQs People Normally Have
Q. Can I get a refund from the gift card issuer?
No. Flipkart or any issuer has no obligation to reverse a redeemed code. Your remedy lies solely against the fraudster.
Q. What if the phone number is prepaid and unregistered?
The police can still track the device IMEI and location history. It’s harder, but not impossible.
Q. Is it a cybercrime or a regular cheating case?
It’s both. The FIR can include relevant IT Act sections along with BNS, but the core offence is cheating.
Q. Will the police recover my ₹1,000?
They can pressure the accused to return the money, especially if you’ve indicated willingness to compound. Formal restitution is also possible during trial.
Q. Can I file a consumer complaint instead?
No, because the fraudster isn’t a seller of goods or services in the ordinary sense—it’s a plain criminal transaction.
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.