Complaint for Cheating / Fraud
A complaint for cheating or fraud is a written report to the Station House Officer stating that you were deceived into handing over money, property or something of value.
Also called: Fraud complaint letter to police, 420 complaint, Cheating case application, Police complaint for money fraud, Complaint under Section 318 BNS
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Complaint for Cheating / Fraud: what it is
A complaint for cheating or fraud is a written report to the Station House Officer stating that you were deceived into handing over money, property or something of value. It records the incident date, what happened, who was involved and the loss, and asks the police to register the complaint and act under the Bharatiya Nyaya Sanhita, 2023.
When you need this document
- Someone took an advance for a job, a flat, a visa or goods and then disappeared or refused to deliver.
- You were persuaded to invest in a scheme that turned out to be fake and the promoters stopped responding.
- A person pretended to be someone else, such as a bank official or a relative, and got money or details from you.
- Property documents, cheques or signatures were forged or misused to take your money or asset.
What it covers
- Your name and address and the date on which the cheating or fraud took place.
- A details section describing how you were deceived and what you handed over.
- An accused section with the name, address, phone number or other particulars of the person, if known.
- The financial loss in rupees, where there is one.
- A request to register the complaint and take action under the Bharatiya Nyaya Sanhita, 2023 and other applicable law, signed by you.
How to fill, sign and use it
- For online or UPI fraud, call the national cyber fraud helpline 1930 and report on cybercrime.gov.in immediately, then inform your bank so it can try to freeze the money.
- List the events in date order: first contact, the promise, each payment, and when you realised it was false.
- Fill in the facts, the accused's details and the exact loss, checking every amount and date against your records.
- Print, sign and attach copies of payment proofs, chats, emails and agreements; keep the originals with you.
- Submit it at the police station and ask for an FIR to be registered; a zero FIR can be registered at any station.
- Collect a receipt and, once registered, your free copy of the FIR; if the station does not act, escalate in writing to the Superintendent of Police.
Documents to attach or keep with it
- Bank statements, UPI screenshots, cheque copies or receipts showing payments
- Chat messages, emails, call logs or recordings with the accused
- Any agreement, offer letter, invoice or advertisement used to induce you
- Cyber complaint acknowledgement number, if filed on cybercrime.gov.in
The law behind it
Cheating is an offence under section 318 of the Bharatiya Nyaya Sanhita, 2023 (old section 420 IPC); the BNS also covers criminal breach of trust and forgery. Complaints are registered under section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which also recognises zero FIR and e-FIR. For offences punishable with three years or more but less than seven years, the police may, with a senior officer's permission, hold a preliminary enquiry, to be completed within 14 days, before registering. Incidents before 1 July 2024 can still be governed by the IPC. Police often treat purely contractual disputes as civil, so the complaint should show deception from the start.
Common mistakes to avoid
- Delaying the report on online fraud; the chance of freezing money in the receiving account drops sharply after the first few hours.
- Describing only a broken promise or unpaid dues, without showing that the accused intended to deceive from the beginning.
- Giving rough amounts and dates instead of exact figures taken from bank statements.
Complaint for Cheating / Fraud: frequently asked questions
Which section applies to cheating under the new criminal law?
Cheating is punishable under section 318 of the Bharatiya Nyaya Sanhita, 2023, which replaced section 420 of the IPC from 1 July 2024. Depending on the facts, police may also add sections on criminal breach of trust, forgery or cheating by personation. If the incident happened before 1 July 2024, the old IPC sections may apply.
Where do I report online or UPI fraud?
Call the national cyber crime helpline 1930 as quickly as you can and register a complaint on cybercrime.gov.in. Inform your bank at the same time. You can also give a written complaint at your local police station or the cyber cell, attaching the online complaint number.
The police say my case is civil. What can I do?
Police sometimes treat non-payment or breach of contract as a civil matter. If you have evidence that the person never meant to keep the promise, such as fake documents or many victims, state it clearly. If the station still refuses, write to the Superintendent of Police and then consider applying to the Magistrate under section 175(3) BNSS.
Can I get my money back through a police complaint?
A police complaint is mainly for investigation and prosecution. Money can sometimes be recovered if accounts are frozen early or property is seized, and courts may order compensation. For direct recovery, a civil or summary suit may be needed alongside the criminal case.
Is cheating a cognizable and bailable offence under the BNS?
It depends on the sub-section. Under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023, simple cheating under section 318(2) BNS (up to three years) and cheating a person whose interest the accused was bound to protect under section 318(3) (up to five years) are non-cognizable and bailable. Cheating that dishonestly induces delivery of property under section 318(4) (up to seven years and fine) is cognizable and non-bailable, and is triable by a Magistrate of the first class. For a non-cognizable case, section 174 BNSS requires the police to record the substance of the complaint and refer you to the Magistrate, and they cannot investigate without the Magistrate's order.
Can a cheating case be settled between the parties?
In many cases it can be compounded. Under section 359 BNSS, cheating under section 318(2) BNS and cheating by personation under section 319(2) can be compounded by the person cheated without the court's permission. Cheating under sections 318(3) and 318(4) can be compounded by the person cheated, and criminal breach of trust under section 316(2) by the owner of the property concerned, only with the permission of the court where the prosecution is pending. Under section 359(8), compounding has the effect of an acquittal of the accused with whom the offence is compounded.
What is the difference between cheating and criminal breach of trust?
Cheating under section 318 BNS needs deception: the accused deceives you and, through that, fraudulently or dishonestly induces you to hand over property or do something you would not otherwise do. Criminal breach of trust under section 316 BNS starts with you entrusting property to the accused, and the offence is the later dishonest misappropriation or use of it against the terms of that trust. Illustration (g) to section 318 explains that a person who intended to perform when taking the money and later breaks the contract does not cheat and is liable only in a civil action for breach of contract.
Last updated 16 October 2026.
General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.
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If this turns into a dispute, you can find a criminal lawyer or ask a verified advocate a question online.
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