The Online iPhone Scam Case: Legal and Constitutional Analysis

1. Background of the Incident

The Delhi Police recently arrested a 19-year-old Class 12 dropout, Aman, from Hisar, Haryana, for allegedly duping multiple individuals by offering heavily discounted iPhones through fake social media pages. Acting on digital trail evidence, the police traced his mobile number to his village and apprehended him through a late-night raid.

According to the investigation, Aman had learned online fraud techniques from local cybercriminals. To conceal the proceeds of fraud, he transferred the money through multiple bank accounts. Victims were lured using manipulated images, forged screenshots of previous deliveries, and UPI payment links that appeared legitimate.

One complainant stated that he made 29 UPI transactions totalling ₹65,782, after being persuaded with false explanations regarding shipping and tax charges. No product was delivered, and communication was blocked afterward.

The police have so far identified at least eight similar complaints, and are currently tracing Aman's associates — Shakir, Amir Khan, Godu, Jagdish, and Gulshan. Two phones, three debit cards, and other digital evidence have been seized.



2. Statutory Provisions Applicable

The accused’s actions invoke multiple provisions of criminal law and cyber law in India:

(a) Indian Penal Code (IPC), 1860

Section Offence Relevance
Section 419 Cheating by personation Fake online identity and impersonation
Section 420 Cheating and dishonestly inducing delivery of property Fraudulent extraction of money from victims
Section 120B Criminal conspiracy Involvement of multiple associates in a planned scheme
Section 468 & 471 Forgery and using forged documents Use of edited images and falsified chats

(b) Information Technology Act, 2000

Section Offence Relevance
Section 66C Identity theft Use of false identity and unauthorized use of personal data
Section 66D Cheating by personation using computer resources Running fake social media advertisement for fraud

(c) Prevention of Money Laundering Act, 2002 (If Invoked Later)

Layering funds through multiple bank accounts can trigger Section 3 (Money Laundering) once proceeds of crime are confirmed.

3. Constitutional Dimensions

Although this is primarily a criminal matter, certain constitutional protections and duties are involved:

Article Context
Article 19(1)(g) Right to carry trade does not protect fraudulent online commerce.
Article 21 Victims’ right to privacy is implicated when personal data is misused online.
Right to Safe Digital Environment Implicitly protected under Article 21 post Puttaswamy (2017) judgment.

The State has a duty to protect citizens from digital fraud, ensuring secure digital transactions and deterrence mechanisms.

4. Judicial Precedents Relevant to Online Cheating

(i) Arun Bhandari v. State of UP (2013)

The Supreme Court held that cheating involves a dishonest intention from the beginning of the transaction.
In Aman’s case, the use of forged chats and false promises evidences pre-existing fraudulent intent.

(ii) N. Raghavender v. State of Andhra Pradesh (2021)

The Court reiterated that inducement leading to wrongful gain or loss constitutes cheating under Section 420 IPC.

(iii) State of Maharashtra v. Pawar (2016)

Courts emphasized that digital impersonation and misrepresentation can aggravate the nature of fraud when committed through online platforms.

These precedents strengthen the prosecution’s case by demonstrating how false assurances and manipulated evidence constitute criminal deception.

5. The Larger Context: The Rise of Tech-Driven Aspirational Scams

India has seen a surge in online aspirational scams, particularly involving high-demand electronics like iPhones. As Apple’s market presence has expanded into smaller cities driven by festive offers and financing options, fraudsters exploit consumer desire and price sensitivity.

The scam model typically includes:

  • Fake social media storefronts

  • Testimonials fabricated using image editing

  • Fraudulent UPI payment links

  • Quick account deactivation after receiving payments

The digital illusion of credibility has become a tool for organized financial deception.

6. Conclusion

This incident highlights the growing sophistication of online fraud networks, often involving young individuals trained informally by seasoned cybercrimes groups. While the IPC and IT Act provide strong penal mechanisms, the challenge lies in:

  • Digital literacy among consumers

  • Faster inter-state cyber policing coordination

  • Tracking multi-layered financial transactions

The enforcement agencies must continue strengthening cyber forensics, while consumers must exercise caution when engaging in online marketplace purchases — especially on unverified profiles offering unusually low prices.


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