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

Last year, while I, Kiran, was studying in Shantipur, a classmate named Dev frequently asked me to facilitate money transfers. He would send funds from what he claimed was a friend’s account into my personal account, and then I would forward it to his own. Trusting Dev due to our friendship, I never questioned the unusual arrangement. However, it soon became clear that Dev was accessing his friend Samir’s digital payment account without Samir’s knowledge or consent. Samir eventually discovered the unauthorized transfers and lodged a formal complaint. Dev was subsequently summoned by law enforcement, where the matter was reportedly settled “unofficially.”

After this incident, I started receiving calls from the Cyber Crime Unit. I fully cooperated, explaining my involvement and the entire sequence of events. Now, having completed my studies and returned to my hometown of Vrindavan, the calls have resumed. An officer from the local Cyber Crime Cell has repeatedly summoned me, asserting that proving my innocence in this “complex task” would be difficult. The total amount that transited through my account was approximately 13,000 Indian Rupees. The officer recently insisted I bring a parent along, which I was reluctant to do given my parents’ ongoing personal and financial struggles, especially as I am a legal adult at 20 years old. Ultimately, the officer directly demanded that I pay back the 13,000 Rupees that flowed in and out of my account. I am currently unemployed and unable to borrow such a significant sum. The calls continue, and I am at a complete loss as to how to proceed.

Advice in such cases ⚖️

• Do Not Pay: Under no circumstances should you pay any money to the police officer. Demanding money is an illegal act and constitutes a form of corruption. Paying will not only validate their unlawful demand but could also be interpreted as an admission of guilt.
• Seek Legal Counsel Immediately: Despite financial constraints, it is crucial to consult an advocate specializing in cyber law or criminal law. Many lawyers offer initial consultations at a nominal fee or pro bono. Legal aid services are also available for those who cannot afford a lawyer.
• Document Everything: Keep a detailed record of all calls, messages, and interactions with the police. If possible, record phone calls (after informing the officer if required by local regulations, or discreetly if not, for your own record and a lawyer’s review). Note down dates, times, names of officers, and the content of conversations.
• Cooperate, But Assert Your Rights: Be cooperative with the investigation by providing factual information, but clearly state your innocence regarding any fraudulent intent. You have the right to remain silent on questions that may incriminate you and the right to have a lawyer present during questioning.
• Gather Evidence: Collect all relevant documents, such as bank statements showing the transactions, any chat logs, emails, or messages exchanged with Dev, and any communication with Samir. This will help establish your lack of criminal intent and your role as an unwitting facilitator.
• File a Complaint Against the Officer: If the officer continues to harass you or demand money, you should file a formal complaint with their senior officers (e.g., Superintendent of Police, Director General of Police) or the Anti-Corruption Bureau.

Applicable Sections of Law 📜

This situation involves potential elements of several offenses under the Bhartiya Nyaya Sanhita (BNS) and procedures under the Bhartiya Nagarik Suraksha Sanhita (BNSS):

• BNS Section 318 (Cheating): This section deals with cheating and dishonestly inducing delivery of property. Dev’s actions of using Samir’s account without consent to transfer funds would fall under this.
• BNS Section 316 (Criminal Breach of Trust): If Dev was entrusted with Samir’s account details (even indirectly) and then dishonestly misappropriated funds, this section could apply.
• BNS Section 325 (Receiving Stolen Property): While you were not directly receiving stolen property with intent, the police might try to implicate you under this, which is why proving lack of knowledge and intent is crucial.
• BNS Section 61 (Criminal Conspiracy): The police might attempt to frame it as a conspiracy, but your lack of knowledge and intent would be your defense.
• BNSS Sections 64-66 (Summons): These sections outline the procedure for issuing summons. You must comply with legitimate summons, but you also have rights during questioning.
• BNSS Sections 173-193 (Investigation): These sections detail the powers and procedures of police during investigation. The police are bound by these procedures and cannot act arbitrarily or demand money.

If you are the complainant 🚨

If you were the one who suffered the loss (like Samir in this case) and initiated the complaint:

• Provide all details, evidence, and records of transactions to the police.
• Cooperate fully with the investigation and follow up regularly.
• Insist on an FIR being registered and get a copy of it.
• Be prepared to provide statements and potentially appear in court if the case proceeds.

If you are the victim 🛡️

In your situation, Kiran, you are an unwitting victim of circumstances, caught between a fraudster and the law enforcement:

• Your primary goal is to establish your innocence and lack of criminal intent.
• Consistently state that you were unaware of Dev’s fraudulent activities and believed the transactions were legitimate.
• Emphasize that you were merely facilitating transfers out of friendship, with no personal gain or knowledge of the illicit origin of funds.
• Do not succumb to pressure tactics or illegal demands for money.
• You are essentially a witness who unwittingly facilitated a crime, not a co-accused, if your intent was truly innocent.

How the police behave in such cases 👮‍♂️

Police behavior can vary, but in cases like yours, you might encounter:

• Intimidation Tactics: Officers might try to intimidate you into confessing or paying money, especially if they suspect you are vulnerable or unaware of your rights.
• Pressure to Settle: They might suggest an “unofficial settlement” or demand money to “close the case,” which is illegal and unethical.
• Lack of Transparency: They might not clearly explain the charges or the legal process, causing confusion and fear.
• Rights Violations: They might deny you access to legal counsel, or pressure you into giving statements without proper understanding.

Remember, you have fundamental rights, including the right to legal representation, the right to know the reasons for your summons/detention, and the right to not self-incriminate.

FAQs people normally have 🤔

• Can I be arrested? While possible, if you can clearly establish your lack of criminal intent and cooperate, an arrest is less likely. However, the police have powers under BNSS to arrest if they have reasonable suspicion. This is why immediate legal counsel is vital.
• Do I need a lawyer? Absolutely. A lawyer can guide you through the process, protect your rights, represent you during questioning, and respond to legal notices on your behalf.
• What if I can’t afford a lawyer? You can approach the District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) for free legal aid if you meet their eligibility criteria.
• What happens if I pay the demanded money? Paying the money implies admission of guilt and encourages corruption. It will not make the case go away legally and could lead to further demands.
• Can I complain about the officer’s conduct? Yes, you can file a complaint with senior police officers (e.g., Superintendent of Police, Deputy Commissioner of Police) or the State Human Rights Commission.

What evidence is required? 📋

To prove your innocence, you should gather the following evidence:

• Bank Statements: Detailed statements from your SecureBank account showing all incoming and outgoing transactions related to this case, clearly demonstrating that the exact amount received was transferred out.
• Communication Records: All chat messages (WhatsApp, SMS), call logs, or emails exchanged with Dev regarding the money transfers. This can prove that you were merely following his instructions.
• Lack of Personal Gain: Any evidence that shows you did not personally benefit from these transactions beyond merely facilitating them.
• Proof of Age and Student Status: Your Aadhar card, college ID, or other documents proving your age (20) and student status at the time, which can support your claim of naivety.
• Any Communication with Samir: If you had any direct or indirect communication with Samir, preserve it.

How long will the investigation take? ⏳

The duration of a cybercrime investigation can vary significantly:

• Initial Phase: The initial questioning and evidence collection might last a few weeks.
• Full Investigation: A comprehensive investigation, especially for cybercrimes involving multiple parties and digital trails, can take several months, sometimes even over a year, depending on the complexity, police resources, and cooperation from banks/service providers.
• Court Proceedings: If a chargesheet is filed, the court proceedings can extend for many more months or even years.

Advocate Sudhir Rao, Supreme Court of India