If you are stuck in such a situation, here is what to do.

In a recent incident in the city of Alipur, Mrs. Sunita received a phone call from an unknown individual. The caller pretended to have a payment issue with one of Mrs. Sunita’s acquaintances, Mr. Verma. Acting in good faith and believing she was helping, Mrs. Sunita connected the caller to Mr. Verma. Shortly after this interaction, the scammer managed to fraudulently withdraw ₹7,000 from Mr. Verma’s bank account. The transaction was processed immediately.

Mrs. Sunita was completely unaware that her well-intentioned act could facilitate such a crime. Subsequently, Mr. Verma, the victim of the fraud, filed an FIR, naming both the unknown fraudulent caller and Mrs. Sunita as parties involved. The local police contacted Mrs. Sunita, pressuring her to return the stolen money to Mr. Verma, threatening her with arrest if she failed to comply. This has left Mrs. Sunita in a distressing situation, seeking legal guidance on how to proceed.

Advice in such cases

Navigating such a situation requires a calm and strategic approach. It is essential to understand that being named in an FIR does not automatically mean you are guilty. Your actions will be crucial in proving your innocence.

• Do not panic or make any rash decisions, such as paying the money under pressure.
• Preserve all potential evidence, including call logs, messages, or any other communication related to the incident.
• Do not communicate directly with the victim or the police without legal counsel. Anything you say can be used against you.
• Prepare a detailed timeline of events from your perspective to share with your lawyer.

Applicable Sections of Law

In cases of cyber fraud and cheating, several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, may be invoked. The investigation and court procedures will be governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 318 of the BNS, 2023: This section deals with cheating. If someone dishonestly induces a person to deliver any property, it constitutes an offence. The police may initially investigate if you had any role in this inducement.
• Section 316 of the BNS, 2023: This section pertains to cheating by personation. The primary offence was committed by the scammer who impersonated someone else. Your role will be examined to see if you were an unknowing facilitator or an accomplice.
• Offences related to Information Technology: While the IT Act of 2000 is still relevant for many cybercrimes, the BNS has incorporated various aspects. The use of a communication device to commit fraud is a key element that will be investigated.

If you are the complainant

If you find yourself in Mrs. Sunita’s position, where you have been wrongly implicated in an FIR for a fraud you did not commit, here are the steps you should take:

• Do Not Admit Fault: Under no circumstances should you admit to any wrongdoing or agree to pay the money, as this could be interpreted as an admission of guilt.
• Gather Your Evidence: Collect all call records from your telecom provider showing the incoming call from the scammer and the outgoing call to the victim. This can help establish the sequence of events and your limited role.
• Cooperate Carefully: Cooperate with the police investigation, but always in the presence of or after consulting with your lawyer. Provide your statement clearly explaining that you were also deceived and acted in good faith.
• Consider Anticipatory Bail: If you fear an imminent and wrongful arrest, your lawyer may advise you to file for anticipatory bail under Section 482 of the BNSS, 2023, from the appropriate court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in Mr. Verma’s position, having lost money to a scam, the immediate steps are critical to maximizing the chances of recovery and bringing the perpetrators to justice.

• Inform Your Bank: Immediately call your bank’s customer service to report the fraudulent transaction and request them to block your account or card to prevent further losses.
• Report on Cyber Crime Portal: File a complaint on the National Cyber Crime Reporting Portal at www.cybercrime.gov.in or call the toll-free helpline number 1930. Reporting within the ‘golden hour’ (the first few hours) increases the chances of blocking the money transfer.
• File a Police Complaint: Visit the nearest police station to file a formal First Information Report (FIR). Provide all details, including the transaction ID, the amount lost, the scammer’s phone number, and a clear account of what happened.
• Preserve All Evidence: Keep screenshots of the transaction message, bank statements, call logs, and any other communication with the scammer.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is common for the police, especially in cyber fraud cases, to initially focus on the most accessible link in the chain. In this scenario, Mrs. Sunita is the known person, while the scammer is an unknown entity. Police might pressure the known individual to “settle” the matter by paying the victim. This is often a shortcut to close the case file quickly. However, this is not the correct legal procedure. The police’s duty is to investigate the crime thoroughly, trace the actual perpetrator, and collect evidence against them. Succumbing to pressure can wrongly implicate you. A lawyer can communicate with the police on your behalf and ensure your rights are protected.

FAQs people normally have

Can I be arrested just because my name is in the FIR?

An FIR is just the first step in an investigation. An arrest cannot be made arbitrarily, especially in offences punishable with less than seven years of imprisonment. The police must have reasonable grounds and evidence to believe you are involved in the crime, as laid down in the BNSS and Supreme Court guidelines.

Am I legally required to pay back the money if I did not take it?

No. You are not legally obligated to pay for a loss you did not cause. Your liability must be proven in a court of law. Do not pay any money under police pressure, as it can be seen as an admission of guilt.

What if the police are harassing me to settle the case?

If you feel you are being unduly harassed or pressured, you should immediately inform your lawyer. Your lawyer can file a formal complaint against the concerned officers with their superiors (like the Superintendent of Police) or approach the court for protection.

What evidence is required?

For the person wrongly accused (like Mrs. Sunita), key evidence includes:

• Official call detail records (CDRs) from the service provider to prove the call flow.
• Any witness who can testify to your character and lack of involvement.
• A clear, consistent statement to the police explaining your side of the story.

For the victim of the fraud (like Mr. Verma), key evidence includes:

• Bank statements showing the debited amount.
• Transaction reference numbers and SMS alerts.
• The complaint registration number from the cybercrime portal.
• The phone number of the scammer.

How long will the investigation take?

Investigations into cybercrimes can be lengthy. It involves tracing digital footprints, which requires coordination with banks, payment gateways, and telecom companies. The police need to trace the account where the money was transferred and the identity of the person who owns the phone number used for the scam. This process can take anywhere from a few months to over a year, depending on the complexity of the case and the efficiency of the investigating agencies.

Advocate Sudhir Rao, Supreme Court of India