If you are stuck in such a situation, here is what to do.

A young professional, Mr. Alok Sharma, found himself in a distressing situation a few days ago in a bustling market in Jayanagar. While shopping, he was greeted warmly by a man he vaguely recognized as an old acquaintance of his father, Mr. Ramesh Verma. After some pleasantries about family and work, Mr. Verma steered the conversation towards finances, specifically asking Alok about his credit cards and their limits.

Mr. Verma then concocted a story about being short of funds for his son’s engagement jewellery, needing approximately ₹8 lakhs to complete a purchase at a nearby store. He emotionally appealed to Alok, asking if he could pay the amount using his premium credit card. To make the proposition seem harmless and even beneficial, Mr. Verma highlighted that Alok would earn significant reward points and that the jewellery store did not charge extra for card payments. He promised to transfer the entire amount back to Alok by the end of the day.

Feeling pressured and not wanting to appear disrespectful to an elder, Alok reluctantly agreed. He accompanied Mr. Verma to the jewellery shop and made the payment of ₹8 lakhs. After the transaction, Mr. Verma thanked him profusely, handed him a piece of sweet, and promised to send an invitation. However, the promised money transfer never arrived. Mr. Verma stopped answering Alok’s calls and messages, leaving Alok with a substantial credit card bill and the sinking feeling of having been scammed.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act swiftly and strategically. This is not just a case of a friendly loan gone wrong; it has clear elements of a criminal offence.

• Immediately gather all possible evidence related to the incident. This includes your credit card statement showing the transaction, the name and location of the shop, and any digital communication with the person.
• Do not delay. The more time that passes, the harder it may be to gather evidence like CCTV footage or to establish the fraudulent intent of the accused.
• Avoid further direct communication with the person who scammed you. Any further interaction could be used against you or might not be productive.
• 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 of 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.

Applicable Sections of Law

Such an act is a criminal offence under the Bharatiya Nyaya Sanhita (BNS), 2023. The primary sections that apply are:

• Section 318 of the BNS, 2023 (Cheating): This is the most relevant section. Cheating is defined as deceiving any person, and fraudulently or dishonestly inducing that person to deliver any property. In this scenario, Mr. Verma deceived Alok by making a false promise to repay the money, thereby inducing him to make the payment (deliver property). The intention to not repay the money from the very beginning is the key element of this offence.
• Section 316 of the BNS, 2023 (Criminal Breach of Trust): This could also be applicable. It involves being entrusted with property and dishonestly misappropriating it. It can be argued that the financial facility of the credit card was entrusted to Mr. Verma for a specific, temporary purpose, and he dishonestly converted it for his own use without intending to repay.

If you are the complainant

As the person who has been cheated, you are the complainant. You must initiate the legal process to seek justice and recover your funds.

• Your first step is to file a First Information Report (FIR) at the police station that has jurisdiction over the area where the offence took place (i.e., the location of the jewellery shop).
• Prepare a detailed written complaint mentioning the entire sequence of events, the deception, the false promises, the amount involved, and the subsequent failure to repay and communicate.
• If the police are hesitant to register an FIR, you can approach the Superintendent of Police (SP) or a higher-ranking officer.
• If that fails, your lawyer can help you file a private complaint directly before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, who can then order the police to investigate.
• 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 of 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.

If you are the victim

Being a victim of such a scam can be emotionally and financially draining. It is important to stay calm and take measured steps.

• Do not blame yourself. Scammers are adept at emotional manipulation and building false trust, especially by using old connections.
• Act immediately. Preserve all evidence and contact a lawyer to understand the legal recourse available to you.
• Inform your bank about the transaction, although a chargeback may be difficult since you authorized the payment yourself. It is still good practice to keep them informed.
• 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 of 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.

How the police behave in such cases

Initially, the police might perceive such cases as a civil dispute—a simple matter of one person failing to repay another. They may be reluctant to file an FIR for cheating. This is why the initial complaint is crucial. It must clearly articulate the element of deception and dishonest intent from the outset. Highlighting that the accused used a pre-existing relationship to induce the payment and then immediately became unreachable helps establish the criminal nature of the act. Having a lawyer represent you can often ensure that the police take the matter seriously and register an FIR promptly.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful prosecution. You will need:

• Your credit card statement clearly showing the date, time, amount, and merchant name of the transaction.
• Any call records, text messages, or WhatsApp chats with the accused before or after the incident.
• The exact address of the jewellery shop. The police can then acquire the payment slip and CCTV footage from the establishment, which can prove your presence with the accused.
• Details of any potential witnesses who may have seen you with the accused.

How long will the investigation take?

The duration of a police investigation and the subsequent court case can vary significantly. An investigation can take anywhere from a few months to over a year, depending on the complexity of the case, the evidence available, and the cooperation of the accused. Once the chargesheet is filed, the court proceedings begin, which also have their own timeline. A good lawyer can help expedite the process by ensuring regular follow-ups and timely filing of necessary applications.

Advocate Sudhir Rao, Supreme Court of India