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: Unauthorised use of a saved card on a shared gaming account can attract criminal charges like cheating and fraud. Reimbursement and documented settlement help, but the cardholder can still report it to the bank and police. Engaging an advocate early — preferably one who regularly handles financial cybercrimes — often resolves the matter before FIR registration.
Vikram Malhotra, a 24-year-old marketing executive from Indore, had been sharing his JioGames subscription with close friends for months. A debit card belonging to Priya Verma, a friend from his college days, was saved on the account after a one-time purchase back in March 2024. In early October 2024, a minor acquaintance, Arjun, used that saved card to buy a game worth ₹3,200 without Vikram’s knowledge or consent. Priya noticed the debit alert, contacted her bank, and then confronted Vikram. Vikram panicked. He contacted JioGames support and drafted frantic messages, but the platform could only confirm the transaction — they couldn’t reverse it immediately. Priya grew angrier and mentioned filing a police complaint. That’s when Vikram approached the Chamber of Advocate Sudhir Rao. Earlier attempts at self-resolution had only escalated the tension. Advocate Sudhir Rao’s office immediately assessed the situation, mapped out the potential criminal exposure under the Bharatiya Nyaya Sanhita, and drafted a communication to Priya. The office explained that Vikram wasn’t the actual user of the card, offered full reimbursement plus a token amount for inconvenience, and obtained a written acknowledgment that the matter stood settled. Because this was handled before any police report was lodged, no FIR was ever filed. The cardholder withdrew the bank complaint. Advocate Sudhir Rao’s experience in financial cybercrime cases helped secure a clean, out-of-court resolution within ten days.Key Facts of the Case
- The JioGames account was shared among multiple users; a saved debit card from a past transaction remained on file.
- The cardholder, Priya Verma, had not authorised retention of her card details for future purchases.
- A minor, Arjun, accessed the account and used the saved card to buy a digital game without informing anyone.
- The account holder, Vikram, had no direct knowledge of Arjun’s action until the cardholder called him.
- Platform support confirmed the transaction but could not unilaterally reverse it.
- Reimbursement of ₹3,200 plus ₹1,500 was offered and accepted before any formal complaint to the police.
- A written settlement statement was executed and the cardholder withdrew the bank dispute.
The Direct Legal Answer
What usually happens if the cardholder reports the transaction to the bank?
The bank treats it as an unauthorised transaction under RBI’s circular on customer liability. A chargeback may be initiated, and the merchant (JioGames) will be asked to provide proof of authorisation. If the cardholder claims fraud, the bank can flag the account and temporarily block the card. The bank’s investigation may run parallel to any criminal complaint. Here, the cardholder’s withdrawal of the dispute stopped the process quickly.
Is it common for something like this to become a police matter?
Yes, it can. Unauthorised use of a saved card can be seen as cheating under Section 318 BNS or cheating by personation under Section 319 BNS. Cardholders often file complaints believing they have been defrauded. If the bank reports it to the cyber cell or the cardholder directly approaches the police, an FIR for cheating and dishonestly inducing delivery of property can be registered. However, if the matter is settled and the complainant doesn’t pursue it, police intervention is rare.
What about the minor who used the card?
A minor below the age of criminal responsibility (7 years under BNS) cannot be prosecuted. If older, the Juvenile Justice Act applies. But here, the person who facilitated the access — the account holder — may be held accountable as an accessory, so handling the dispute carefully is essential.
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 immediately. As soon as you learn of the transaction, inform the cardholder honestly. Don’t hide. Offer to reimburse fully. Get a written acknowledgement that the matter is settled before the cardholder approaches the bank or police. And here’s the thing, matters involving digital platforms, saved payment instruments, and potential cybercrime require advocates who understand both criminal procedure and fintech rules. A general practitioner may overlook the interplay between RBI guidelines and BNS provisions, which can leave you exposed.
Applicable Sections of Law
- Section 318 BNS — Cheating: dishonestly inducing a person to deliver property or to consent to retain any property.
- Section 319 BNS — Cheating by personation: if the offender pretends to be some other person.
- Section 303(2) BNS — Theft: if the card details were taken without the cardholder’s consent.
- Section 66C IT Act — Punishment for identity theft (using someone’s card details without permission).
These are the primary penal provisions that can be invoked by investigating agencies.
Punishment and Penalties
Under Section 318 BNS, cheating attracts imprisonment of up to three years, or a fine, or both. Cheating by personation under Section 319 BNS can extend to five years. The offences are cognizable and non-bailable when the punishment may exceed three years. Cheating simpliciter is non-cognizable and bailable. The IT Act offence under Section 66C carries imprisonment up to three years and a fine. Where the matter is settled before an FIR, the question of punishment doesn’t arise.
Jurisdiction — Where to File the Case
If a criminal complaint is filed, the jurisdictional police station is where the cardholder resides or where the transaction was initiated or where the loss occurred. Territorial jurisdiction matters. A complaint can be lodged with the cyber crime police station or the local police. The Magistrate having jurisdiction over the area will take cognizance. For any quashing petition under Section 528 BNSS, the High Court of the state where the FIR is registered has jurisdiction.
What if Police Refuse to File FIR?
- Approach the Superintendent of Police under Section 173(4) BNSS with a written application. The SP can direct investigation.
- File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The court can order investigation.
- As a last resort, move the High Court under writ jurisdiction for a direction to register FIR.
In matters like these, police often hesitate because the cardholder may withdraw. But if they refuse, a private complaint is the most direct route.
Rights of the Accused
- Right to remain silent and protection against self-incrimination — Article 20(3) of the Constitution.
- Right to be informed of the grounds of arrest and to be produced before a Magistrate within 24 hours.
- Right to legal representation of your choice, and to consult an advocate during interrogation.
- Right to obtain a copy of the FIR and all relevant documents under Section 230 BNSS.
- Right to apply for bail, and the court must consider it promptly.
Bail Provisions
If the offence is non-cognizable and bailable (like cheating under ₹10,000), bail is a matter of right. If the offence is non-bailable, the accused can apply for anticipatory bail under Section 482 BNSS before arrest, or regular bail under Section 480 BNSS after arrest. Courts typically grant bail in financial fraud matters where the accused cooperates and offers settlement. Getting a robust bail strategy in place before any FIR ensures you don’t spend time in custody over a reimbursable sum.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court can quash an FIR if the allegations, even taken at face value, do not constitute a criminal offence, or if the dispute is essentially civil and has been compromised. A settlement deed and the complainant’s affidavit stating no objection to quashing can lead to the FIR being quashed. This is the cleanest way to avoid a trial, but it requires the complainant’s cooperation.
Timeline of Legal Process
- Registration of FIR — within a day of the complaint (or after direction).
- Investigation and evidence gathering — typically 60–90 days; the police must file a chargesheet within 60 or 90 days depending on the offence.
- Cognizance by Magistrate and framing of charges — 2–4 months after chargesheet.
- Trial — can stretch 1–2 years, often longer. Witness examination and cross-examination.
- Appeal — if convicted, the higher court process adds more time.
In cases settled early, none of this timeline is triggered. That’s the real value of early legal help.
How Long Will the Investigation Take?
For an offence like cheating involving a single transaction, the investigation usually wraps up within 30 to 60 days. The chargesheet is filed in the same period if the police act promptly. Delays happen if the complainant or witnesses don’t cooperate, but in straightforward card misuse cases, things move briskly once an FIR is registered.
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. Before an FIR, simply reimbursing the cardholder and obtaining a written settlement clears the air. If an FIR has already been registered, the offence of cheating under Section 318 BNS is compoundable with the permission of the court when the amount involved is small. Compounding means the complainant and accused agree to end the case. The court records the compromise and acquits the accused. Mediation or Lok Adalat can also be explored, but for quick closure, a joint petition for quashing under Section 528 BNSS works better. Settlement is almost always preferable for both sides.
Common Mistakes People Make
- Delaying communication with the cardholder — silence amplifies suspicion and pushes them toward the police.
- Trying to delete transaction records or messages; this can be seen as destruction of evidence and worsens your position.
- Arguing with the cardholder without legal counsel; you might say something that amounts to an admission of guilt.
- Not documenting the settlement. A verbal “it’s fine” holds no weight later.
- Approaching a lawyer who doesn’t regularly handle financial fraud or cybercrime cases. Such matters involve the nuance between intent and negligence, and a specialist knows what the police and banks need to close the file without escalation.
- Posting about the incident on social media — it can become evidence against you.
FAQs People Normally Have
Can I be arrested if I already repaid the money? Repayment helps but doesn’t automatically erase the offence. If an FIR is filed, the police can still arrest for investigation. But with repayment and a settlement affidavit, bail is usually straightforward.
What if the minor’s parents get involved? They might file a counter complaint or defend the child, but the account holder bears responsibility for allowing access. The parents can be urged to contribute to reimbursement.
Will the platform reverse the transaction? Not always. Platforms like JioGames often have “all sales final” policies. They may comply if a chargeback is initiated, but they won’t unilaterally return the funds.
Does this count as identity theft? Using a saved card without consent can, in some circumstances, fall under Section 66C IT Act, but that requires proof of fraudulent intent.
Can I be sued in a civil court instead? Yes, the cardholder can file a money recovery suit, but criminal complaints are more intimidating and common.
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 lawyer 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.