Recently, Mrs. Anjali Sharma, a resident of Navipur, received a phone call from Ms. Priya Verma, an employee at “Prosperity Bank” whom she knew personally from previous dealings. Ms. Verma informed her that a premium payment for one of her policies was due.

When Mrs. Sharma expressed doubt about any pending premiums, Ms. Verma conferenced in a senior colleague, Mr. Rajesh Kumar, who confirmed the supposed due payment. Trusting the bank employees she knew, Mrs. Sharma shared the One-Time Password (OTP) sent to her phone. An amount of Rs. 50,000 was immediately debited from her account.

Upon checking the debit confirmation message, Mrs. Sharma noticed that the policy number mentioned was not hers. She immediately called Ms. Verma back. Both Ms. Verma and Mr. Kumar admitted that a mistake had occurred. They pleaded with her not to report the incident, claiming it would jeopardize Ms. Verma’s job, and assured her that the full amount would be refunded within three working days.

However, the money was never credited back. After numerous visits to the bank branch and discussions with the branch manager that yielded no concrete resolution or timeline for the refund, Mrs. Sharma decided to take formal action. She has now filed a complaint with the police, and a meeting is scheduled where the bank’s legal representatives are expected to be present.

Advice in such cases

• Immediately report the fraudulent transaction to your bank’s official helpline and the National Cyber Crime Reporting Portal at 1930 to try and freeze the transaction.
• Preserve all evidence, including call logs, SMS messages, transaction details, and any written communication with the bank employees.
• Do not be swayed by emotional pleas or verbal assurances. Insist on written communication for any resolution offered.
• 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.

Applicable Sections of Law

This case involves several potential criminal offenses under the Bharatiya Nyaya Sanhita (BNS), 2023:

• Section 316 of BNS, 2023 (Criminal breach of trust): The bank employees, being entrusted with a position of trust, dishonestly misappropriated the customer’s money.
• Section 318 of BNS, 2023 (Cheating): The employees dishonestly induced Mrs. Sharma to part with her money by deceiving her. Since they were known to her and used their position, it is an aggravated form of cheating.
• Section 78 of BNS, 2023 (Acts done by several persons in furtherance of common intention): Since two employees were involved in the conference call, they can be held jointly liable for the criminal act.

If you are the complainant

• File a formal, written complaint at your nearest police station, detailing the entire sequence of events. Ensure you get a copy of the First Information Report (FIR).
• Simultaneously, file a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930.
• Lodge a formal grievance with the bank’s internal grievance redressal cell and escalate it to the Banking Ombudsman if you do not receive a satisfactory response.
• 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

• Your first step is to report the fraud to the bank immediately to block any further unauthorized transactions and to establish a time-stamped record of your complaint.
• Gather and organize all communication records, bank statements, and transaction alerts. These are crucial pieces of evidence.
• Do not delay in approaching the police. A timely police complaint is essential for the investigation to begin and to trace the money trail.
• 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

Upon receiving a complaint, the police will register an FIR under the relevant sections of the BNS. Given that the accused are identifiable employees of a known bank, the police will likely issue a notice to them and the bank management under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, summoning them for questioning. They will investigate the money trail and collect evidence from the bank. Initially, the police might encourage a settlement where the victim gets their money back. However, if the accused or the bank are uncooperative, the police will proceed with a full investigation and file a chargesheet in court.

FAQs people normally have

Will I get my money back?
In cases like this, where the culprits are known employees and the bank is an established entity, the chances of recovering the money are very high. The bank has a vicarious liability for the fraudulent acts of its employees committed during the course of their employment. Persistent legal pressure is key to a swift recovery.

Can the bank be held responsible?
Yes, the bank is vicariously liable for the actions of its employees. You can make the bank a party to the complaint. The Reserve Bank of India (RBI) has clear guidelines on customer liability in cases of unauthorized electronic transactions, and the bank is expected to cooperate and resolve the issue.

Should I settle the matter if they offer to return the money?
This is a personal decision. Accepting a settlement provides a quick financial resolution. However, pursuing the criminal case ensures that the employees face legal consequences for their actions, which can act as a deterrent. It is advisable to discuss the pros and cons with your lawyer before agreeing to any settlement.

What evidence is required?

• Bank statements clearly showing the debit of Rs. 50,000.
• The SMS alert or email confirming the debit, which contains the incorrect policy number.
• Call data records of the conversations with the bank employees.
• Any WhatsApp messages, SMS, or emails where the employees admitted their “mistake” and promised a refund.
• Details of your visits to the bank and the names of the officials you spoke to, including the branch manager.
• A copy of the police complaint (FIR) and any complaints filed with the bank or the Banking Ombudsman.

How long will the investigation take?

Since the accused are identified and associated with a specific bank branch, the police investigation should be relatively swift compared to anonymous cyber fraud cases. The police can complete their investigation and file a chargesheet within a few months. The subsequent court proceedings can take time, but the primary goal of recovering the money can often be achieved much faster through legal notices and pressure from your advocate, sometimes even before the trial concludes.

Advocate Sudhir Rao, Supreme Court of India