If you are stuck in such a situation, here is what to do.
A university student, Mr. Sameer, residing in the city of Alipur, decided to make some extra money by selling discounted software licenses. He had access to these licenses from a company named “Quantum Innovations” through a special student benefit program. He began advertising these on an online forum. A person, Mr. Gupta, contacted him expressing interest in a purchase. During their conversation, Mr. Gupta gathered Sameer’s personal information, including his full name, contact number, bank account details for payment, and email address. However, instead of making a purchase, Mr. Gupta filed a formal complaint with the cybercrime police, submitting all of Sameer’s details and their chat history as evidence. He also reported the activity to Quantum Innovations. Now, Sameer is worried about the legal repercussions he might face.
Advice in such cases
Preserve All Communication: Do not delete any chats, emails, or records related to the transaction or conversation. These can be crucial for your defense.
Avoid Contacting the Complainant: Do not try to contact the person who filed the complaint to apologize or negotiate. This could be misinterpreted as tampering with evidence or intimidating a witness.
Anticipate Police Action: The police may contact you or visit you for an inquiry. It is also possible that the bank account you provided may be temporarily frozen pending investigation.
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
Such cases can involve provisions from various Indian laws, primarily focusing on cheating, fraud, and misuse of computer resources.
Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS, which deals with cheating, could be applied. If you dishonestly induced someone to deliver property (money) by selling something you were not authorized to, it may constitute an offence.
Information Technology Act, 2000: Section 43, read with Section 66, is often invoked in such matters. Section 43 penalizes causing damage to a computer or computer system, which can be broadly interpreted to include unauthorized access to or distribution of digital assets or services, causing wrongful loss to the parent company (Quantum Innovations in this story).
If you are the complainant
If you are in Mr. Gupta’s position and want to report such an activity:
File a Complaint: You can file a complaint online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or visit the nearest cyber police station.
Provide All Evidence: Submit screenshots of the advertisement and your chat, the seller’s phone number, bank account details, and any other information you have.
Cooperate with the Investigation: Be prepared to provide a formal statement and assist the police as required.
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 the person who has been reported, like Sameer:
Do Not Panic: Panicking can lead to poor decisions, like destroying evidence, which can worsen your situation.
Gather Your Facts: Collect all your records of the conversation and understand the terms and conditions of the student offer you were using. This will help you build your case.
Do Not Offer Bribes: Do not attempt to resolve the matter by offering money to the police or the complainant. This is a separate and serious criminal offence.
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
The police will typically follow a standard procedure:
Preliminary Verification: They will first assess the complaint to see if a cognizable offence is made out.
Issuing Notice: They will likely issue a notice under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), asking you to join the investigation and provide your statement.
Evidence Collection: The investigating officer will collect evidence from both sides, which may include seeking information from banks or the company whose licenses were being sold.
Investigation: They will conduct an investigation to determine the facts of the case before deciding whether to file a final report (chargesheet) in court.
FAQs people normally have
What evidence is required?
The primary evidence in such cases is digital and financial:
Screenshots of the online post or advertisement.
Complete chat history between the buyer and seller.
Bank account statements or UPI transaction details showing payment attempts or details exchanged.
The seller’s phone number, email ID, and any other contact information.
How long will the investigation take?
There is no fixed timeline for a cybercrime investigation. It can take anywhere from a few weeks to several months. The duration depends on factors like the complexity of the case, the workload of the police station, and the time taken by banks, service providers, and other third parties to provide the requested information.
Advocate Sudhir Rao, Supreme Court of India