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

Mr. Alok Verma, a resident of Aravalli Nagar, recently fell victim to a sophisticated online scam. The ordeal began when he received an email that appeared to be from his e-wallet service, ‘SecurePay Wallet’. The email falsely claimed that a payment of ₹28,500 had been authorized from his account and would be debited shortly. Alarmed by the prospect of losing his money, Mr. Verma immediately called the customer support number provided in the email.

Unbeknownst to him, he had connected with the scammers themselves. Posing as customer support executives, they assured him they would help him secure his account and process a refund. They instructed him to download certain “security applications” onto his phone, which were likely remote access tools giving them control over his device. While on the call, the scammers created a sense of urgency and confusion. They then directed him to a nearby ‘CryptoQuick ATM’ kiosk.

Following their instructions, Mr. Verma, who was under the impression he was securing his funds, was tricked into making a transaction. Instead of receiving a refund, he was manipulated into purchasing cryptocurrency worth ₹82,000, which was instantly transferred to the scammers’ anonymous digital wallet. When he realized a large sum had been debited from his bank account, he immediately disconnected the call and contacted his bank to block his account and cards. He is now deeply concerned about the recovery of his lost funds and the potential misuse of his sensitive personal information that the scammers may have accessed.

Advice in such cases

• Immediately report the incident to the National Cyber Crime Reporting Portal by calling the helpline number 1930 or by filing a complaint on www.cybercrime.gov.in. This should be done as quickly as possible to enable law enforcement to try and block the fraudulent transaction.
• Notify your bank and instruct them to freeze your account and any cards linked to it to prevent further financial loss. Request a chargeback if the transaction is eligible.
• File a formal complaint (First Information Report – FIR) at your nearest police station, specifically with the cyber crime cell if available. Provide them with all the details of the fraud.
• Preserve all evidence related to the scam, including the fraudulent email, screenshots of call logs, bank transaction details, and any information about the apps you were asked to install.
• 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 fraudulent activities attract penalties under various provisions of Indian law, including the new criminal codes:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of cheating.
• Section 319 of the BNS: This section specifically addresses cheating by personation, which is relevant as the scammers impersonated customer service representatives.
• Section 324 of the BNS: Pertains to cheating and dishonestly inducing the delivery of property, which applies to the victim being tricked into transferring money/cryptocurrency.
• Information Technology Act, 2000: Provisions of this Act are also applicable. Section 66C punishes identity theft, and Section 66D penalizes cheating by personation using a computer resource or communication device.

If you are the complainant

• Gather all documentary and digital evidence systematically. This includes the fake email, bank statements, transaction IDs, the scammers’ phone number, and details of the crypto ATM location.
• Draft a detailed written complaint outlining the sequence of events chronologically, from receiving the email to realizing the fraud.
• Submit this complaint to the cyber crime police cell to register an FIR. Ensure the FIR correctly mentions all the relevant facts and applicable legal sections.
• Cooperate fully with the investigating officer and provide any further information they require. Regularly follow up on the status of the 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.

If you are the victim

• Your first priority is to contain the damage. Immediately contact your bank to block all financial instruments.
• Change the passwords for all your important online accounts, especially banking, email, and social media, as the scammers may have gained access to them.
• Scan your computer and mobile phone for any malware or suspicious apps and uninstall them immediately. Consider formatting your device after backing up important data.
• Monitor your financial statements and credit reports closely for any signs of unauthorized activity or identity theft.
• 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 cyber crime police will register an FIR. The investigation typically involves tracing the digital trail left by the scammers, such as IP addresses, call data records, and the money trail. However, investigating crypto-related scams is particularly challenging because cryptocurrency transactions are designed to be pseudonymous and often cross international borders. The police will coordinate with banks and cryptocurrency exchanges (if identifiable) to trace the funds. The process can be lengthy due to the technical complexities and the anonymity used by criminals.

FAQs people normally have

What evidence is required?

To build a strong case, you must provide the following evidence:

• A copy of the fraudulent email or message that initiated the scam.
• Screenshots of the call logs showing the scammers’ phone number(s).
• Your bank account statement clearly showing the fraudulent debit of ₹82,000.
• The transaction receipt or any details from the ‘CryptoQuick ATM’ transaction.
• Any names, email addresses, or website details the scammers provided.
• The names of the remote access apps you were asked to install.

How long will the investigation take?

Cybercrime investigations, especially those involving cryptocurrency, are complex and time-consuming. There is no fixed timeline. The duration depends on various factors, including the sophistication of the scam, the ability to trace the digital and financial trails across different jurisdictions, and the level of cooperation from various intermediaries like telecom companies and crypto exchanges. It can take anywhere from several months to a few years to see significant progress in such cases.

Advocate Sudhir Rao, Supreme Court of India