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, a resident of City A, transferred Rs. 15,000 via UPI to his friend Mr.Y after being requested for urgent financial assistance. Mr.Y claimed he needed the money for a medical emergency. After receiving the transfer, Mr.Y completely disappeared – his phone numbers were switched off, he stopped responding to messages, and when Mr.X tried contacting through mutual friends and visited Mr.Y’s hometown in City B, he discovered that Mr.Y had relocated to an unknown city without informing anyone. Mr.X immediately filed a cyber complaint with the local police, and the investigating officer managed to put Rs. 655 on hold in Mr.Y’s account. However, the majority of the amount had already been withdrawn. Mr.X approached our firm seeking guidance on recovering the remaining amount and ensuring proper legal action against Mr.Y for this digital fraud.

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.

• Preserve all digital evidence including UPI transaction details, chat conversations, and call logs immediately
• File both cyber crime complaint and regular cheating case for comprehensive legal coverage
• Contact the bank immediately to freeze the fraudster’s account before complete withdrawal

Applicable Sections of Law

This case falls under multiple provisions of BNS and BNSS. Section 318 of BNS covers cheating and dishonestly inducing delivery of property. Section 319 deals with cheating by personation. For cyber aspects, Section 66D of IT Act applies alongside BNS provisions. Under BNSS, Section 154 allows filing FIR, while Section 156 empowers police investigation. The case can also invoke Section 420 equivalent provisions under BNS for fraudulent misrepresentation and breach of trust.

If You Are the Complainant

• File immediate cyber crime complaint online through National Cyber Crime Reporting Portal
• Approach local police station with all transaction proofs and communication evidence
• Request bank to freeze accused’s account and provide transaction trail details
• Collect witness statements from mutual friends who can verify the relationship
• Maintain detailed record of all attempts made to contact the accused person

If You Are the Victim

• Immediately report to cyber crime cell and local police with complete documentation
• Contact your bank’s fraud helpline to report unauthorized transaction concerns
• Save all communication proof including screenshots, call logs, and message threads
• Hire experienced cyber crime lawyer to handle technical and legal complexities
• Apply for victim compensation under appropriate state victim compensation schemes

How the Police Behave in Such Cases

Police typically treat UPI fraud cases seriously due to digital evidence trail availability. They usually register FIR under cyber crime provisions and initiate bank account freezing procedures. Investigation involves coordination with cyber crime cells and banking fraud departments. However, police may initially suggest it’s a civil dispute if parties were known to each other, requiring proper legal guidance to ensure criminal case registration.

FAQs People Normally Have

Can money be recovered from UPI fraud? Yes, if reported immediately and accounts are frozen before complete withdrawal.

Is this civil or criminal matter? Both – criminal case for fraud, civil suit for money recovery possible.

What if accused claims it was a loan? Burden of proof lies with accused to show loan agreement and terms.

How long does investigation take? Typically 3-6 months depending on case complexity and accused cooperation.

What Evidence Is Required?

• UPI transaction receipt and bank statement showing money transfer
• Screenshots of conversations requesting money and promises to return
• Call logs showing attempts to contact accused after money transfer
• WhatsApp chat history, SMS records, and social media communications
• Witness statements from mutual friends about the relationship
• Bank account details and transaction trail of accused’s account
• Address proof and identification documents of both parties

How Long Will the Investigation Take?

Cyber crime investigations typically take 3-6 months for completion. Bank cooperation in providing transaction details usually takes 15-30 days. If accused is arrested and cooperates, case may resolve faster. However, if accused remains absconding or disputes the allegations, investigation may extend to 6-12 months depending on complexity and evidence gathering requirements.

Advocate Sudhir Rao, Supreme Court of India