If a minor pays by UPI and is defrauded in a numismatic transaction, who has legal standing to file a complaint?
The minor's parent or guardian has legal standing to file all complaints on the minor's behalf. A minor cannot independently file a consumer complaint, an FIR, or a cybercrime report — all require the legal capacity to initiate proceedings, which minors do not have. The parent or guardian files as the minor's 'next friend' in consumer forums, as the complainant in police matters, and as the authorised person in cybercrime filings. There is an additional dimension: the bank or payment provider that allowed a minor to access UPI without age verification may itself have a liability exposure.
UPI and minors — the age verification gap
NPCI's UPI framework and the terms of service of major UPI apps (PhonePe, Google Pay, Paytm) require users to be at least 18 years old to open an independent account. A minor who uses UPI — whether through their own account opened without proper age verification, or through a parent's account — is technically outside the framework's intended user base. A minor using a parent's UPI account with the parent's consent is the most legally defensible arrangement.
If a minor opened their own UPI account by misrepresenting their age or bypassing age verification: the payment provider may have a compliance failure for inadequate KYC. This creates a potential liability angle against the provider — they allowed an ineligible user to make financial transactions. This angle is useful in a regulatory complaint to the RBI or NPCI, not as a standalone cause of action.
Filing complaints — the guardian's role
Consumer forum complaint under CPA 2019: Section 35 allows a complaint to be filed by the consumer or a person authorised by the consumer or their representative. A minor's parent or guardian is their legal representative. The complaint is filed in the parent's name on behalf of the minor — 'X (parent/guardian of Y, a minor).' The forum will treat the minor's interest as the subject of the complaint.
FIR under BNSS 2023: a parent or guardian files the FIR at the police station. The FIR identifies the minor as the victim and the parent as the complainant. The police register the FIR and investigate. Cybercrime complaint: filed at cybercrime.gov.in by the parent, identifying the minor as the victim. The 1930 cybercrime helpline can be called for immediate action (bank account freeze) — the parent calls on the minor's behalf.
The recovery mechanics — same as adult cases
The recovery mechanism for a defrauded minor follows the same path as for an adult victim. UPI UTR number: the essential trace for police investigation and bank account identification. 1930 helpline for immediate freeze: most effective within the first few hours; parent calls immediately on discovering the fraud. Bank complaint: the parent complains to their bank and the fraudster's bank (identified through UTR). Consumer forum: if the bank or payment provider does not act adequately. The minor's age does not affect the technical recovery mechanism — it only affects who files the complaints.
Laws & authorities referenced in this chapter
Consumer Protection Act 2019 — §35 (complaint by consumer's representative; parent/guardian files for minor)
BNSS 2023 — §173 (FIR: parent files as complainant identifying minor as victim)
NPCI UPI framework — age eligibility requirement: 18+ for independent UPI account
RBI KYC norms — age verification obligations for payment service providers
IT Act 2000 — §66C, §66D (identity theft and cheating by personation online: FIR provision)
Guardian files all complaints on minor's behalf: consumer forum (CPA §35 — as minor's representative), FIR (BNSS §173 — parent as complainant), cybercrime report (parent files). 1930 helpline: parent calls immediately; identify minor as victim. UPI for minors: technically requires 18+ for independent account; minor using parent's account with consent is most defensible. Bank/payment provider liability: if minor opened account without proper age verification = provider's KYC failure. Recovery mechanics: same as adult case — UTR trace, bank complaint, forum.
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 26: Creator Risks, Business Structure & Minors in Numismatics — RBI Liability, Sole Proprietorship vs Pvt Ltd, Trademarks, Minor Collectors, Schools, Succession.