Steps to File Complaint for Cheating (Section 420 IPC)

Introduction

Getting cheated is one of the most frustrating and helpless feelings — whether someone has taken your money through false promises, sold you fake property, or deceived you in a business deal. In India, the law provides strong protection against such acts under Section 420 of the Indian Penal Code (IPC).

If you've been a victim of cheating or fraud, this guide will walk you through every step of the process — in plain, simple language — so you know exactly what to do and where to go.

Note: With the introduction of the Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the IPC, cheating offences are now covered under Section 318 of the BNS. However, Section 420 IPC is still widely referenced and understood across courts, police stations, and legal practice. This article uses Section 420 IPC as it remains the commonly used reference.

What is Section 420 IPC? (In Simple Words)

Section 420 of the Indian Penal Code deals with cheating and dishonestly inducing delivery of property.

In everyday language, Section 420 applies when:

• Someone deceives you with false information or fake promises

• You hand over money, property, or valuables based on that deception

• The other person knew they were lying and had no intention of fulfilling their promise

Examples of Section 420 cases:

• A builder takes your advance money but never constructs the flat

• Someone sells you fake gold jewellery claiming it is genuine

• A person takes a loan from you by showing forged documents

• An online seller takes payment but never delivers the product

• Someone impersonates a government official to collect money

Punishment under Section 420 IPC:

• Imprisonment up to 7 years

• Fine (as decided by the court)

• It is a cognizable and non-bailable offence — meaning police can arrest without a warrant

Before You File: Are You Ready?

Before heading to the police station, make sure you have done the following:

1. Confirm It Falls Under Cheating

A simple breach of contract (like a vendor not delivering on time) is NOT Section 420. For it to be cheating, there must be dishonest intention from the very beginning. If someone was genuinely unable to fulfil a promise but did not intend to deceive you, it may be a civil dispute, not a criminal one.

Ask yourself:

• Was I deceived by false facts or false promises?

• Did the other person benefit from my deception?

• Did I suffer a loss (financial or otherwise)?

If your answer to all three is YES, you likely have a case under Section 420.

2. Gather All Evidence

Evidence is the backbone of your complaint. Collect as much as possible before approaching anyone.

Documents and evidence to gather:

• Receipts, invoices, or payment proofs (bank transfers, UPI screenshots, cheque copies)

• Agreements, contracts, or MoUs (signed or unsigned)

• WhatsApp chats, emails, or SMS messages with the accused

• Photographs or videos if relevant

• Witnesses who saw the transaction or interaction

• Any fake documents the accused may have used (forged ID, fake property papers, etc.)

• Bank statements showing money transferred to the accused

Tip: Do not delete any messages or emails. Take screenshots and save them in multiple places.

Step-by-Step Process to File a Complaint Under Section 420 IPC

Step 1: Try to Resolve the Issue (Optional but Recommended)

Before going to the police, it is advisable — though not mandatory — to send a legal notice through a lawyer. This puts the accused on record that you are aware of the fraud and gives them a chance to respond or refund your money.

Sometimes, a strong legal notice alone is enough to recover money without a long court battle.

However, if the accused does not respond or denies everything, move to the next step.

Step 2: Approach the Police Station and File an FIR

FIR stands for First Information Report. This is the most important first step in starting a criminal case.

Where to file: Go to the police station in whose jurisdiction the cheating took place. This is usually:

• Where the money was paid

• Where the agreement was signed

• Where the accused operates from

What to do at the police station:

1. Go to the duty officer or Station House Officer (SHO)

2. Tell them you want to file an FIR under Section 420 IPC

3. Give a written complaint (you can write it yourself or ask for help)

4. Attach copies of your evidence

5. The police must register the FIR — it is a cognizable offence and they cannot refuse

What your complaint should include:

• Your full name, address, and contact details

• The name and address of the accused (if known)

• Full details of what happened — what was promised, what was paid, and how you were cheated

• Date, time, and place of the incident

• List of evidence you are submitting

• Your signature

Get a copy of the FIR. The police must give you a free copy. Note down the FIR number for future reference.

Step 3: What If the Police Refuse to File an FIR?

Unfortunately, in some cases, police may be reluctant to register an FIR — especially in fraud cases involving influential people or civil-looking disputes.

If police refuse, you have these options:

Option A: Complain to a Senior Police Officer Write a complaint to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) of the district. If you send it by post, use registered post.

Option B: File a Complaint Directly in Court — Section 156(3) CrPC You can approach a Judicial Magistrate and file an application under Section 156(3) of CrPC (now Section 175(3) of BNSS). The Magistrate can then order the police to register an FIR and investigate.

Option C: File a Private Complaint Under Section 200 CrPC (now Section 223 BNSS), you can directly file a complaint before a Magistrate. The Magistrate will record your statement and may take cognizance of the offence.

Step 4: Police Investigation

Once the FIR is registered, the police will begin their investigation. This includes:

• Recording your statement and the statements of witnesses

• Visiting the scene or location of the fraud

• Collecting additional evidence (bank records, documents, digital evidence)

• Questioning the accused

• If there is sufficient evidence, arresting the accused

Since Section 420 is non-bailable, the police can arrest the accused without seeking bail from you. Bail can only be granted by a court.

Stay in touch with the investigating officer. You can also ask the court to monitor the investigation if it is being delayed.

Step 5: Filing a Chargesheet

After investigation, if the police find sufficient evidence, they will file a chargesheet (also called a charge sheet or police report) in the court. This formally starts the trial.

If the police file a closure report (meaning they believe no crime was committed), you can challenge this in court and request the Magistrate to take cognizance despite the police report.

Step 6: The Court Trial

Once the chargesheet is filed, the case goes to a Sessions Court or Magistrate's Court depending on the seriousness.

During the trial:

• You will be called as a witness

• Your evidence will be presented before the judge

• The defence lawyer will cross-examine you

• The judge will hear both sides and deliver a verdict

Be honest and consistent. Any discrepancy in your statement can weaken your case.

Step 7: Also Consider Filing a Civil Suit

A criminal complaint under Section 420 can send the accused to jail, but it may not automatically recover your money. To get your money back, you should also consider filing a civil suit for recovery of money in a Civil Court.

Many victims file both simultaneously:

• Criminal case (Section 420 IPC) for punishment

• Civil suit for recovery of money or property

You can also approach the Consumer Forum if the fraud happened in a consumer transaction (e.g., a product or service you paid for).

Alternate / Additional Remedies

Depending on the nature of the fraud, you may also use these additional channels:

Situation	Where to Complain
Online fraud / cybercrime	cybercrime.gov.in or nearest Cyber Cell
Banking / financial fraud	RBI Ombudsman, bank's grievance portal
Real estate fraud	RERA (Real Estate Regulatory Authority)
Investment / stock fraud	SEBI (Securities and Exchange Board of India)
Consumer product fraud	District Consumer Disputes Redressal Forum
Government employee involved	Vigilance Department / Anti-Corruption Bureau

Important Tips to Strengthen Your Case

• File the complaint as soon as possible. Delay can weaken your case.

• Keep original documents safe and submit only photocopies to police initially.

• Do not tamper with evidence. Do not delete messages or alter documents.

• Hire a good criminal lawyer. A lawyer can help you draft your complaint, guide the investigation, and represent you in court.

• Follow up regularly with the police and court. Fraud cases can get delayed if not followed up.

• Do not accept partial payment and withdraw the case unless you get a full settlement with proper documentation.

Frequently Asked Questions (FAQs)

Q1. Can I file a Section 420 complaint online? Yes, in many states you can file a complaint online through the state police portal or through cybercrime.gov.in for cyber fraud. However, you will likely need to visit the police station for a formal FIR.

Q2. Is Section 420 bailable or non-bailable? Section 420 IPC is a non-bailable offence. The accused cannot get bail automatically and must apply to a court.

Q3. What is the time limit to file a complaint? For criminal complaints, there is generally no strict limitation period for serious offences. However, it is always better to file as soon as possible. Delays may affect the evidence and the court's view of the matter.

Q4. Can I file a case if the accused is in another state? Yes. You can file the FIR in the jurisdiction where the fraud took place, regardless of where the accused lives. Police can then coordinate with police in the accused's state.

Q5. What if the cheating happened over WhatsApp or phone? This falls under cyber fraud as well. You can file an FIR under Section 420 IPC as well as under the Information Technology Act. Preserve all digital evidence.

Q6. Can a company file a Section 420 complaint? Yes. A company or organization can file a complaint through its authorized representative (like a director or manager).

Conclusion

Being cheated is painful, but the Indian legal system gives you strong tools to fight back. Section 420 IPC is a serious criminal provision that can result in the accused being imprisoned for up to 7 years. The key is to act quickly, gather solid evidence, and follow the correct legal process.

If the police are uncooperative, remember — the court is always there for you. Do not hesitate to hire a lawyer who specializes in fraud or criminal law to guide you through the process.

You have rights. Use them.