Scammed in Online Collectible Deal – Can Parent Details Be Traced When Scammer is Minor

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by

Adv Sudhir Rao
in

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.

Scammed in Online Collectible Deal - Can Parent Details Be Traced When Scammer is Minor

Mr.X contacted me after being scammed in an online collectible toy deal. He had connected with Mr.Y through a popular social platform for buying rare collectible cars. To ensure safety, they moved their conversation to a messaging app. Mr.X took all precautions – requested multiple photos, asked for verification pictures with his username on paper, and even video calls. After paying Rs.15,000 for the collectibles, Mr.Y disappeared. Three other victims – Mr.Z, Ms.A, and Mr.B also filed complaints against the same person. Investigation revealed the scammer was a 16-year-old minor operating from City A. The question arose whether parents could be held liable and their details traced when the primary accused is a minor involved in cyber fraud.

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.

  • File cyber crime complaint immediately with all evidence
  • Preserve all digital communications and transaction records
  • Report to bank fraud department for transaction reversal attempts

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), several sections apply to online fraud cases:

  • Section 318 BNS – Cheating and dishonestly inducing delivery of property
  • Section 319 BNS – Cheating by personation using false identity
  • Section 61 BNS – Criminal conspiracy when multiple victims involved
  • IT Act provisions under BNSS for cyber crimes and digital evidence

When minors are involved, Juvenile Justice Act provisions also become applicable alongside BNS sections.

If You Are the Complainant

  • File FIR at cyber crime police station with complete evidence package
  • Submit bank statements showing fraudulent transactions and amounts
  • Provide screenshots of all conversations and verification attempts made
  • Give details of other victims to establish pattern of fraud
  • Request investigation into parents’ liability for minor’s criminal activities
Scammed in Online Collectible Deal - Can Parent Details Be Traced When Scammer is Minor

If You Are the Victim

  • Immediately block all communication channels with the scammer
  • Contact your bank to report fraudulent transaction and request reversal
  • Save all digital evidence before reporting to avoid data loss
  • Join other victims to file collective complaint for stronger case
  • Seek compensation claim against minor’s parents under civil law provisions

How the Police Behave in Such Cases

Cyber crime police typically take online fraud cases seriously, especially when multiple victims are involved. They conduct technical investigation to trace digital footprints, examine bank transaction trails, and coordinate with platform authorities. When minors are involved, they follow Juvenile Justice Act procedures while investigating parents’ role in enabling the crime through negligence or providing resources used in fraud.

FAQs People Normally Have

  • Can parents be held liable for minor’s cyber crimes? Yes, under civil law parents can be held liable for damages caused by minor children’s illegal activities.
  • Will money be recovered in such cases? Recovery depends on tracing assets and parents’ financial capacity to compensate victims.
  • How long does cyber crime investigation take? Usually 3-6 months for technical investigation and evidence collection.
  • Can minor face criminal prosecution? Minors above 16 can be tried as adults for serious crimes under Juvenile Justice Act.
Scammed in Online Collectible Deal - Can Parent Details Be Traced When Scammer is Minor

What Evidence Is Required?

  • Screenshots of initial conversation and deal negotiations
  • Payment receipts and bank transaction statements
  • Photos/videos sent by scammer as verification
  • Phone number and social media profile details
  • Any shipping addresses or pickup location information
  • Communication records from multiple platforms used
  • Evidence of other victims falling for similar fraud pattern

How Long Will the Investigation Take?

Cyber crime investigations typically require 3-6 months for completion. Technical analysis, digital forensics, and tracing minor’s parents through official records takes additional time. Court proceedings for juvenile cases follow different timelines under Juvenile Justice Act, usually extending the overall case duration to 8-12 months for final resolution.

Advocate Sudhir Rao, Supreme Court of India

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