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.Y contacted me after falling victim to an online fraud through X.marketplace. He had found a seller operating under X.company who claimed to be Mr.X residing in Area X, City A. The victim paid ₹19,000 in advance for a PC and TV but received nothing even after two months. The seller kept providing different excuses and delays, eventually becoming unreachable. What started as a legitimate-looking transaction turned into a clear case of cheating and fraud. The seller had created fake profiles and used multiple contact numbers to appear credible. Such online marketplace scams have become increasingly common, with fraudsters exploiting the trust-based nature of peer-to-peer selling platforms.

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.

• Immediately preserve all communication records including screenshots, messages, and call logs
• Report to cybercrime portal and local police station without delay
• Contact your bank to freeze any ongoing transactions if payment was made through digital means

Applicable Sections of Law

This case falls under multiple provisions of BNS and BNSS. Section 318 of BNS deals with cheating, which is the primary offense when someone deceives another to deliver property. Section 316 covers criminal breach of trust applicable when the accused fails to deliver goods after receiving payment. Section 319 addresses cheating by personation, relevant when fake identities are used. Under BNSS, Section 173 provides the framework for investigation of such economic offenses, while cyber crime provisions under IT Act complement these sections for online frauds.

If You Are the Complainant

• File FIR at the nearest police station with all supporting documents and evidence
• Simultaneously lodge complaint on National Cybercrime Reporting Portal at cybercrime.gov.in
• Approach consumer court for compensation if the transaction qualifies as consumer dispute
• Consider filing civil suit for recovery of money along with damages and interest
• Maintain detailed records of all legal proceedings and correspondence

If You Are the Victim

• Immediately stop all further communications and payments to the fraudster
• Document the financial loss with bank statements and transaction receipts
• Contact the platform where fraud occurred to report the seller and get account blocked
• Seek medical attention if stress-related health issues arise due to financial loss
• Join victim support groups or forums to understand recovery procedures from others’ experiences

How the Police Behave in Such Cases

Police typically treat online marketplace frauds seriously, especially when substantial amounts are involved. They usually register FIR under cheating sections and begin investigation by tracing digital footprints. However, cross-jurisdictional issues may arise if the accused is from different state. Some officers might initially suggest it as civil matter, but persistence with proper documentation usually results in criminal case registration. Cyber crime cells are generally more equipped to handle such cases than regular police stations.

FAQs People Normally Have

• Can I get my money back? Yes, through criminal recovery proceedings and civil suits, though timeline varies
• Should I file case in my city or accused’s city? You can file where the offense occurred or where you reside, both have jurisdiction
• Is this only civil matter or criminal too? It’s both – criminal for cheating and civil for money recovery
• How long does investigation take? Typically 3-6 months for cybercrime cases, depending on cooperation of digital platforms and banks

What Evidence Is Required?

• Screenshots of original advertisement and seller’s profile on marketplace
• Complete record of text messages, emails, and call logs with accused
• Bank statements and payment receipts showing money transfer
• Phone numbers, bank account details, and any identity documents provided by seller
• Witness statements from family members who observed the transaction
• Technical evidence like IP addresses and digital forensic reports if available
• Any delivery receipts or courier tracking numbers provided by accused

How Long Will the Investigation Take?

Investigation timeline typically ranges from 3-8 months depending on complexity and cooperation from digital platforms. Initial registration and preliminary inquiry take 2-4 weeks. Digital evidence collection and bank account freezing procedures require additional 2-3 months. If accused is traced and arrested, chargesheet filing happens within 60-90 days. However, cases involving interstate jurisdiction or uncooperative platforms may extend beyond 8 months.

Advocate Sudhir Rao, Supreme Court of India