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.

Mr.X, a law student from City A, approached me with concerns about selling his educational materials online to fund his upcoming competitive exam preparation. He had listed various legal bare acts including BNS, BNSS, and other law books on an online platform for Rs. 800. However, after posting the advertisement, he faced several issues including fraudulent buyers, payment disputes, and questions about the legality of reselling copyrighted educational materials. A buyer Mr.Y claimed the books were damaged and demanded a refund after receiving them, while another person threatened legal action claiming the books were counterfeit. Mr.X was confused about his rights and obligations as a seller, consumer protection laws, and whether selling second-hand educational materials could lead to copyright infringement issues.

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.

• Document all communications with buyers including screenshots and payment records
• Use established platforms with buyer-seller protection policies
• Clearly mention the condition of books and include actual photographs in listings

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 316 deals with criminal breach of trust which may apply if sellers misrepresent product conditions. Section 318 covers cheating by personation relevant to fraudulent buyers. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 governs investigation procedures for online fraud cases. Consumer Protection Act, 2019 provides additional remedies for both buyers and sellers. Copyright Act provisions regarding first sale doctrine generally permit resale of legitimately purchased books without publisher permission.

If You Are the Complainant

• File complaint with local cyber crime police station with all evidence
• Document financial losses including transaction records and communication proof
• Approach consumer forum if dealing with defective products or unfair trade practices
• Preserve all digital evidence including screenshots, emails, and payment confirmations
• Report fraudulent accounts to the online platform’s customer support immediately

If You Are the Victim

• Immediately inform your bank or payment gateway about fraudulent transactions
• File FIR at nearest police station with jurisdiction over online crimes
• Contact the online platform’s grievance redressal mechanism for assistance
• Maintain detailed records of all interactions and financial transactions
• Seek refund through official channels before pursuing legal remedies

How the Police Behave in Such Cases

Police typically treat online selling disputes as civil matters unless fraud or cheating is clearly established. They may ask for substantial evidence including digital records, financial loss proof, and communication history. Cyber crime cells are generally more responsive to such cases than regular police stations. Officers often advise complainants to first exhaust platform-based resolution mechanisms before filing FIRs.

FAQs People Normally Have

• Is selling second-hand books legal? Yes, under first sale doctrine, you can legally sell books you own.
• What if buyer claims books are damaged? Platform policies usually govern returns; maintain photographic evidence of book condition.
• Can I be sued for copyright infringement? No, reselling legally purchased books doesn’t violate copyright laws.
• How to avoid fraud? Use secure payment methods, verify buyer credentials, and prefer cash-on-delivery options.

What Evidence Is Required?

• Screenshots of original advertisements and product listings
• Bank statements showing payment transactions
• Email communications and chat records with buyers
• Photographs of books showing actual condition
• Purchase receipts proving legitimate ownership of books
• Platform communication records and dispute resolution attempts
• Contact details and identity proof of involved parties

How Long Will the Investigation Take?

Cyber crime investigations typically take 3-6 months depending on case complexity. Platform-based dispute resolution usually concludes within 15-30 days. Consumer forum proceedings may extend 6-12 months. Simple fraud cases with clear evidence are resolved faster, while complex disputes involving multiple parties take longer to investigate and resolve.

Advocate Sudhir Rao, Supreme Court of India