BNS Section 328 - Digital Payment Fraud

Whoever commits fraud using digital payment systems, including UPI fraud, mobile payment fraud, or digital transaction fraud.

Share:
Bailable, Cognizable

Official Text

Whoever commits fraud using digital payment systems, including UPI fraud, mobile payment fraud, or digital transaction fraud.

Legal Analysis

Elements to Prove:

  • Fraud using digital payment systems.
  • UPI fraud or mobile payment fraud.
  • Intent to deceive.
  • Financial gain from fraud.

Potential Defenses:

  • No digital payment fraud.
  • Legitimate payments.
  • Authorized transactions.

Practical Examples

What Constitutes the Offense:

UPI fraud, mobile payment scams, fake digital transactions.

What Doesn't Constitute:

Legitimate digital payments, authorized transactions, or lawful digital activities.

Punishment

Imprisonment up to 5 years, and Fine