Can you file an FIR for non-delivery — and which police station has jurisdiction?
Yes — non-delivery after payment is BNS §318 (cheating) if the non-delivery is deliberate. Cheating is a cognisable offence under the BNSS 2023, which means police are required to register an FIR when a credible complaint is made. Under the BNSS 2023's expanded jurisdictional provisions for online offences, the FIR can be filed at the police station where the payment was made (your location) — not necessarily where the dealer is located. This makes the FIR practical for collectors who were defrauded by distant or anonymous dealers.
BNS §318 — cheating by non-delivery
When a dealer receives payment for a numismatic item and deliberately fails to deliver — with no intention of delivering, or disappearing immediately after receiving payment — BNS §318 (cheating) is the applicable offence. The elements: the dealer made an implicit representation (by offering to sell) that they would deliver the item; the buyer was induced to pay based on this representation; and the harm is the non-delivery of the item or the loss of the money.
The critical word is 'deliberately.' A dealer who genuinely intends to deliver but faces an unforeseen problem — personal emergency, shipping failure — is in breach of contract but not necessarily guilty of cheating. Cheating requires the false representation to be made with knowledge of its falsity or with a reckless disregard for its truth. A dealer who disappears immediately after receiving payment from multiple people, deactivates their UPI ID, and has no deliveries to any of their recent customers — that pattern establishes deliberate fraudulent intent.
BNSS 2023 — expanded jurisdiction for online offences
The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) expanded the jurisdictional rules for online offences. Section 177 provides that for offences committed through digital means, the FIR can be filed at the police station of the place where the complainant received the communication or where the consequence of the offence was experienced. For an online numismatic fraud where the buyer is in Chandigarh and the dealer is in Mumbai, the Chandigarh police station has jurisdiction.
If police resist registering the FIR for a commercial dispute: refer to BNSS Section 173, which requires registration of an FIR for any cognisable offence. Deliberate non-delivery after payment is cheating — a cognisable offence. Police cannot refuse to register simply because it is a commercial transaction if the elements of cheating are present. If refused: escalate to the Deputy Superintendent of Police or file a complaint under BNSS Section 175 for wrongful refusal to register.
Laws & authorities referenced in this chapter
BNS 2023 — §318 (cheating — non-delivery after payment if deliberate)
BNSS 2023 — §173 (police must register FIR for cognisable offence)
BNSS 2023 — §177 (jurisdiction for online offences — complainant's location)
BNSS 2023 — §175 (wrongful refusal to register FIR — escalation mechanism)
FIR for non-delivery: yes, if deliberate — BNS §318 cheating. Cognisable offence: police MUST register (BNSS §173). Jurisdiction: your local police station (BNSS §177 expanded online offence jurisdiction). If police refuse: escalate to Deputy SP; file BNSS §175 complaint for wrongful refusal. Pattern evidence (disappearing after collecting from multiple people, deactivated UPI) = strong evidence of deliberate intent. Document everything before going to police — comprehensive evidence prevents the 'civil matter' brush-off.
This is educational content, not legal advice. For a specific situation, please consult a qualified legal professional. Excerpted from Currency, Coins & The Law by Mayank Agarwal, Part 15: Dealer Disputes — Fake Items, Escalation, Identity & the Full Remedies Framework.