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: You can file a police complaint for cheating and criminal breach of trust under the Bharatiya Nyaya Sanhita, 2023. The mobile number, photo, and bike number plate you have are strong evidence. Approach the local police station in the jurisdiction where the fraud occurred. If the police refuse to register an FIR, you have the right to approach a Magistrate or the Superintendent of Police under the BNSS.
Rohan Gupta was interning in Lucknow when it happened. Around 5:30 PM on a Tuesday in March 2025, a man on a Bajaj motorcycle approached him near Gomti Nagar. The man claimed he needed cash but only had online money. He asked Rohan to scan a QR code and pay ₹400, promising cash in return. Rohan did the logical thing. He clicked the man's photo. He photographed the motorcycle's number plate. Then he transferred the money. The man then said he only had ₹20 notes. He claimed he thought Rohan had given him a ₹500 note. He promised to refund the money online within an hour. Next day — nothing. Calls went unanswered. Then the man blocked Rohan's number entirely. Rohan tried calling from a friend's phone. No answer. Frustrated, Rohan initially spoke to a local general practice lawyer who was unsure about the procedural steps for UPI fraud. That's when Rohan approached the office of Advocate Sudhir Rao. Advocate Sudhir Rao and his office recognized the pattern immediately — this wasn't just a petty dispute. It was a clear case of cheating by impersonation and criminal misappropriation under the new criminal laws. The Chamber of Advocate Sudhir Rao guided Rohan through the complaint process, helped him preserve digital evidence in admissible formats, and drafted a detailed representation to the police. Advocate Sudhir Rao's expertise in cyber-fraud and online transaction disputes helped secure the registration of an FIR. The police acted swiftly, and the accused was traced through the UPI transaction trail and bike registration details within weeks.Key Facts of the Case
- Rohan Gupta transferred ₹400 via UPI to a QR code controlled by the accused.
- The accused promised cash in exchange but made false excuses and blocked communication.
- Rohan took a photo of the accused and the motorcycle number plate before the transaction.
- Rohan retained screenshots of the UPI transaction and call logs.
- The accused's mobile number was verified as active during the fraud window.
- The fraud occurred in Gomti Nagar, Lucknow — within the jurisdiction of the Gomti Nagar police station.
- The police initially were hesitant; a detailed complaint drafted with the assistance of Advocate Sudhir Rao's office ensured FIR registration under BNS.
- The case was solved because the digital trail was preserved and presented correctly.
The Direct Legal Answer
Can I file a police complaint for a ₹400 UPI scam?
Yes. Amount does not matter — fraud is fraud. Under Indian law, even small-value cheating is a criminal offence. Section 318 of the BNS (cheating) and Section 319 (cheating by personation) apply regardless of the amount when the intent to cheat is clear.
What if the police say the amount is too small?
That's not a valid reason to refuse an FIR. The Supreme Court has held that police cannot refuse to register a cognizable offence based on the value involved. You can escalate to the SP under Section 173(4) of BNSS, or file a private complaint before a Magistrate under Section 175(3) BNSS.
Should I report the transaction to my bank or UPI app?
Yes. Immediately flag the transaction through the UPI app's dispute mechanism. This creates an internal record. But don't rely solely on that — it is not a substitute for a police complaint.
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.
Act fast. Digital evidence degrades — call logs get overwritten, UPI transaction references expire, and the accused may destroy or transfer the phone or vehicle. File the complaint within days. Also, do not confront the accused alone. Let the police handle recovery and arrest. This type of matter involves nuanced digital evidence handling and procedural strategy that general practitioners often miss. Engaging an advocate who regularly handles cyber fraud will make a significant difference.
Applicable Sections of Law
- Section 318 BNS: Cheating — whoever cheats shall be punished with imprisonment up to 3 years, or fine, or both.
- Section 319 BNS: Cheating by personation — if the cheat impersonates or induces a transaction falsely, imprisonment up to 3 years and fine.
- Section 316 BNS: Criminal breach of trust — if the accused received the money under a trust that was broken.
- Section 173(4) BNSS: Right to approach the Superintendent of Police if the officer in charge refuses to register an FIR.
- Section 175(3) BNSS: Right to file a private complaint before a Magistrate if police refuse action.
Punishment and Penalties
- Minimum punishment: No fixed minimum for Section 318 BNS; court discretion applies. Fine can be imposed alone.
- Maximum punishment: Up to 3 years imprisonment under Section 318 BNS. Up to 3 years under Section 319 BNS.
- Fine: Discretionary — court decides based on the loss caused and the accused's conduct.
- Cognizable: Yes. Police can arrest without a warrant.
- Bailable: Yes — the accused has a right to bail for these sections.
- Compoundable: No — cheating is not compoundable (cannot be settled privately). But reduction of sentence is possible on return of money.
Jurisdiction — Where to File the Case
For criminal matters, the complaint must be filed at the police station within whose territorial limits the fraud occurred. In this case, Gomti Nagar police station, Lucknow, has jurisdiction. The transaction happened there. The accused was there. For complaints that go to court after police refusal, the Magistrate's court with territorial jurisdiction over Lucknow will hear the private complaint. Jurisdiction matters because filing in the wrong police station leads to delays or outright refusal. Always confirm the correct police station — call the district police control room if unsure.
What if Police Refuse to File FIR?
This happens often. Here's what you can do:
- Approach the Superintendent of Police (SP) of the district under Section 173(4) BNSS with a written representation detailing the police station's refusal.
- If the SP also refuses, or does not act within a reasonable time, file a private complaint before the Chief Judicial Magistrate under Section 175(3) BNSS.
- As a last resort, file a writ petition in the High Court seeking a direction to the police to register an FIR — this is a remedy for clear dereliction of duty.
- Keep a written acknowledgment or a postal receipt when submitting your complaint to the police station — this proves you approached them.
Rights of the Accused
Even in a cheating case, the accused has constitutional rights:
- Right to remain silent under Article 20(3) — cannot be forced to be a witness against themselves.
- Right to legal representation under Article 22(1) — must be informed of the right to consult a lawyer.
- Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2).
- Right to a copy of the FIR and to know the grounds of arrest under BNSS.
- Right to bail as the offence is bailable — can seek release on furnishing a bond.
Bail Provisions
Under Sections 318 and 319 BNS, the offence is bailable. This means the accused can apply for regular bail before the trial court as a matter of right. No complex arguments are needed. However, if the accused has previously been convicted or has multiple cases, the court may impose conditions — like surrendering the passport or appearing weekly at the police station. Anticipatory bail under Section 482 BNSS (pre-arrest bail) is also available if the accused fears arrest before the FIR is registered. In fraud cases involving digital evidence, courts often require the accused to not tamper with the evidence or contact the victim.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings. Grounds include: (1) no prima facie offence is made out from the FIR, (2) the complaint is an abuse of process of law, (3) the matter has been genuinely settled between the parties, or (4) the allegations are entirely civil in nature. However, for cheating cases, quashing is not easy — the court will examine if there is any material showing dishonest intent at the time of the transaction. Quashing is rarely granted if the accused has already benefitted from the fraud.
If You Are the Victim
- File a police complaint immediately — do not wait, as digital evidence can vanish.
- Preserve every scrap of evidence: screenshots, call logs, photos, transaction IDs.
- Block the fraudster on all platforms to prevent further contact or manipulation.
- Notify your UPI app and bank — they can flag the merchant account linked to the QR code.
- Consult an advocate who handles cyber fraud cases — the procedural complexities of digital evidence will slow you down otherwise.
Documents You Must Keep Ready
- Aadhaar card or other identity proof
- UPI transaction screenshots showing date, time, amount, and merchant name/ID
- Photo of the accused (if taken)
- Photo of the motorcycle or vehicle number plate
- Mobile number of the accused and call logs showing calls made
- Screenshots of WhatsApp or SMS conversations if any
- Bank statement showing the debit entry
- Any written complaint already made to the UPI app or bank
What Evidence Is Required?
- Primary evidence: The UPI transaction record from the bank or UPI app — this is the core piece showing the transfer.
- Photographic evidence: Photo of the accused and the vehicle — this helps identify and link the person to the crime.
- Documentary evidence: Screenshots of call logs and messages showing attempts to contact and the eventual blocking.
- Electronic evidence: The accused's mobile number with call records from your phone — this can be verified by police through telecom records.
- Testimonial evidence: Your own statement to the police, and if available, a friend's statement who witnessed the interaction.
- Secondary evidence: Certified copies of the accused's vehicle registration details obtained through the police.
How the Police Behave in Such Cases
For small-value UPI frauds, police sometimes take a casual view. They may say the amount is too small or tell you to approach the cyber crime portal. Don't accept that. Insist on an FIR. Under BNSS, a cognizable offence must be registered. If the officer is uncooperative, note the name and badge number, and proceed to the SP. Typically, once FIR is registered, the police will trace the UPI merchant account through the payment gateway. This often leads to the accused quickly — the digital trail is hard to hide. But they need the victim's persistence to push the case.
Timeline of Legal Process
- Day 1-7: File complaint at the police station. If FIR is registered, police begin investigation — collecting transaction records, call data, and vehicle registration details.
- Week 2-4: Police trace the UPI merchant account and the accused. Notice issued to the accused to join investigation.
- Month 2-3: Chargesheet filed before the Magistrate if evidence is sufficient.
- Month 4-6: Magistrate takes cognizance and frames charges. Trial begins.
- Month 7-12: Trial may complete within this timeframe if the accused pleads guilty or evidence is straightforward. For contested trials, may take longer.
- Year 1-2: Judgment. Appeal lies to Sessions Court if either party is dissatisfied.
How Long Will the Investigation Take?
For a case like this, the police can complete investigation and file a chargesheet in 60 to 90 days. The UPI trail, mobile number, and vehicle details make it relatively straightforward. If the accused is not traced immediately, the investigation may stretch to 6 months. Under BNSS, the chargesheet must be filed within 60 days for bailable offences, though extension is possible with court permission.
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?
Cheating under Section 318 BNS is non-compoundable — you cannot legally withdraw the FIR by mutual agreement. However, the accused can return the ₹400, and the court may consider this as a mitigating factor at the time of sentencing, possibly reducing the punishment to a fine. Alternatively, the case can be referred to mediation or Lok Adalat for dispute resolution, but the criminal nature does not disappear. If the accused genuinely repents and makes full restitution, the court may impose only a fine. Settlement out of court is more about damage control for the accused than a clean exit for the victim.
Common Mistakes People Make
- Delaying the complaint: Every day you wait, the accused may destroy evidence or disappear. Act within days, not weeks.
- Engaging a lawyer without domain-specific experience: A general practitioner may not know how to preserve digital evidence in court-admissible format or how to push the UPI trail. This delays the case and weakens it.
- Posting on social media before filing the complaint: This can prejudice the investigation and alert the accused. It may also be used by the accused's lawyer to claim you are harassing them publicly.
- Confronting the accused alone: Do not try to recover money yourself. This can escalate into a physical altercation or a counter-complaint against you.
- Ignoring the UPI app dispute mechanism: Always flag the transaction within the app. It creates a record and may help freeze the merchant account.
- Losing the transaction reference number: The UPI reference ID is critical. Save it immediately after the payment.
FAQs People Normally Have
Can I get my ₹400 back?
If the accused is caught and convicted, the court can order restitution. However, the primary goal is criminal action — getting money back is secondary. The accused may return it voluntarily to reduce punishment.
What if the QR code belonged to someone else who is innocent?
This happens. The accused may use a stolen or fake merchant account. The police will investigate the account owner. If that person is also a victim, they may be let off after verification. Still, your complaint will trace the real fraudster.
Can I file a complaint online?
Yes, on the National Cyber Crime Reporting Portal (cybercrime.gov.in), but for small amounts, the response is slow. For quicker action, go to the local police station in person with your evidence. Online portals are better for large-scale fraud or identity theft.
Is a photo of the accused enough evidence?
It is strong circumstantial evidence but not conclusive. The photo, combined with the UPI transaction record and mobile number, creates a solid prima facie case. The police will also need to confirm identity through witnesses or call data records.
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.