One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X received a phone call on DD/MM/YYYY from someone claiming to represent X.Bank credit card services. The caller informed him about a credit limit increase and requested verification through an OTP. Trusting the caller’s professional approach, Mr.X shared the OTP received on his mobile phone. Within minutes of sharing the OTP, two unauthorized transactions were processed – Rs. 90,000 and Rs. 5,000 respectively. Mr.X immediately realized he had been defrauded and contacted X.Bank the following day to report the incident. He also filed a complaint with the banking ombudsman. The fraudsters had used sophisticated social engineering techniques to gain his trust and extract sensitive information.

Advice in Such Cases

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 to 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.

• Report to bank immediately within 3 days to maximize chances of chargeback
• File cyber crime complaint online through National Cyber Crime Reporting Portal
• Document all communications and maintain transaction records
• Block your card immediately and request new credentials

Applicable Sections of Law

Credit card fraud cases fall under multiple provisions of Bharatiya Nyaya Sanhita (BNS). Section 318 deals with cheating and dishonestly inducing delivery of property. Section 319 covers cheating by personation. Section 356 addresses criminal breach of trust. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides for investigation procedures in economic offenses. These sections collectively address the fraudulent impersonation, unauthorized access to banking systems, and misappropriation of funds through deceptive means.

If You Are the Complainant

• File FIR at local police station within 24-48 hours of discovering fraud
• Submit detailed complaint to bank’s fraud department with timeline of events
• Register complaint on National Cyber Crime Reporting Portal with evidence
• Approach Banking Ombudsman if bank doesn’t respond within stipulated time
• Maintain records of all communications, transaction details, and complaint numbers

If You Are the Victim

• Change all banking passwords and PINs immediately after discovering fraud
• Monitor credit reports regularly for any unauthorized accounts or activities
• Keep detailed records of financial losses and related expenses for compensation claims
• Follow up regularly with investigating authorities and provide additional evidence if requested
• Consider engaging legal counsel if bank refuses liability or delays resolution

How the Police Behave in Such Cases

Police typically register these cases under cyber crime provisions and transfer to specialized cyber cells. They may initially show reluctance citing jurisdiction issues since fraud could originate anywhere. Investigation involves technical analysis of call records, transaction trails, and IP addresses. Police cooperation improves significantly when complaint amount exceeds Rs. 50,000. They usually coordinate with banks for transaction freezing and recovery procedures.

FAQs People Normally Have

Q: Can I get my money back in credit card fraud?

Banks are liable for unauthorized transactions if reported within 3 working days. Recovery chances decrease with delayed reporting.

Q: How long does investigation take?

Cyber crime investigations typically take 3-6 months, depending on complexity and inter-state coordination requirements.

Q: Should I approach court directly?

It’s advisable to exhaust administrative remedies through bank and ombudsman before approaching courts for faster resolution.

What Evidence Is Required?

• Call records showing timing of fraudulent call received
• SMS records of OTP messages and transaction alerts
• Credit card statements highlighting unauthorized transactions
• Bank complaint acknowledgment and reference numbers
• Screenshots of online banking showing transaction details
• Written complaint to bank with timestamps
• Any audio recordings if call was recorded

How Long Will the Investigation Take?

Investigation timelines vary from 90 days to 6 months depending on case complexity. Banks typically complete internal investigation within 30 days for liability determination. Police investigation may extend longer due to technical analysis requirements and inter-agency coordination. Court proceedings, if initiated, can extend timeline to 1-2 years for final resolution.

Advocate Sudhir Rao, Supreme Court of India