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

Anjali, a young student from the city of Amanpur, was feeling anxious about her upcoming exams and career prospects. While scrolling through her social media feed, she came across a sponsored post by an account named “Astro Guru Mahesh,” run by a person claiming to be a renowned astrologer. The profile was filled with testimonials and promised guaranteed solutions to life’s problems. Feeling desperate, Anjali contacted him. He promised to perform a special “career success ritual” for her, for which he charged a fee of ₹15,000. Anjali, trusting his convincing words, promptly transferred the money via a payment app.

Days turned into weeks, and “Astro Guru Mahesh” never performed the ritual. Whenever Anjali messaged him to ask for an update or a refund, he would give her a new date, citing various excuses. He has not blocked her, but he has stopped responding to her recent messages about returning the money. Anjali feels foolish and helpless, and because she used her savings, she is terrified of telling her parents. This is a classic case of online cheating, and fortunately, Indian law provides a clear path for recourse.

Advice in such cases 📝

If you find yourself in a similar situation, the first step is to stop blaming yourself. These scammers are skilled manipulators. Here’s what you should do immediately:

• Preserve All Evidence: Take screenshots of everything. This includes the scammer’s social media profile, all your chat conversations, and the payment confirmation details (transaction ID, UPI reference number, etc.).
• Create a Paper Trail: Send one last clear message to the person demanding a full refund by a specific deadline. This shows your intent to resolve the matter before taking legal action.
• Report the Profile: Report the account to the social media platform (e.g., Instagram, Facebook) for fraudulent activity. This can help prevent others from being scammed.
• File a Formal Complaint: Do not delay in reporting the crime. The primary portal for this is the National Cyber Crime Reporting Portal.

Applicable Sections of Law ⚖️

Such an act is a criminal offense under Indian law. The primary laws that apply are:

• Bharatiya Nyaya Sanhita, 2023 (BNS): The offense falls squarely under cheating.
  • Section 316 of BNS (Cheating): The astrologer dishonestly induced you to deliver money by making a false promise. He had no intention of providing the service, which constitutes cheating.
  • Section 316(4) of BNS (Cheating and dishonestly inducing delivery of property): This section is highly relevant as it specifically deals with cheating that results in the victim delivering property (in this case, money).
• The Information Technology Act, 2000: Since the crime was committed using a computer resource (a smartphone and a social media app), this Act is also applicable.
  • Section 66D (Punishment for cheating by personation by using computer resource): If the astrologer used a fake name or identity, this section would apply. It criminalizes using a communication device or computer to cheat.

If you are the complainant 🙋

As the person filing the complaint, your role is crucial. You must act swiftly and methodically.

1. Organize Your Evidence: Compile all the screenshots, transaction details, the scammer’s profile URL, and any phone numbers or email addresses you have into a single folder.
2. Draft a Complaint: Write a clear, chronological account of the events. Mention the date you first contacted the person, the service promised, the amount paid, the date of payment, and the subsequent excuses and failure to refund.
3. File the Complaint: The most effective way is to file an online complaint on the National Cyber Crime Reporting Portal at www.cybercrime.gov.in. You can also visit your nearest Cyber Crime police station or even a local police station, which will forward the complaint to the appropriate cell.

If you are the victim 😟

It is completely understandable to feel embarrassed or scared, especially about your family’s reaction. However, remember that you are the victim of a crime. Your silence empowers the scammer to cheat more people. It’s important to shift your focus from self-blame to seeking justice. If possible, confide in a trusted friend who can support you through the process. Taking action is the only way to potentially recover your money and ensure the criminal is held accountable.

How the police behave in such cases 👮

The police, particularly the Cyber Crime Cells, are now well-versed in handling such online frauds. Upon receiving your complaint, they will register an FIR (First Information Report). They have specialized tools to trace the digital trail left by the scammer. They will issue formal notices under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to the banks, payment apps (like Google Pay, PhonePe), and social media companies to obtain the scammer’s details, such as their real name, bank account information, and location based on their mobile number. While the process can take time, providing clear and complete evidence significantly speeds it up.

FAQs people normally have 🤔

What evidence is required?

The more evidence you have, the stronger your case will be. The most critical pieces of evidence are:

• Screenshots of the entire chat history.
• The URL or handle of the scammer’s social media profile.
• The bank transaction receipt or a screenshot from your payment app showing the Transaction ID, date, and amount.
• A bank account statement highlighting the debited amount.

How long will the investigation take?

The timeline for an investigation varies. It can take anywhere from a few weeks to several months. The duration depends on how quickly the banks and social media platforms respond to police notices and how difficult it is to trace the accused, who may be using fake accounts or operating from a different state. It is advisable to take the acknowledgment number of your complaint and follow up periodically with the concerned police station.

Advocate Sudhir Rao, Supreme Court of India