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

Mr. Sameer Verma, a resident of Alokpur, found himself in a distressing situation when his sister, Ms. Anjali Verma, became a victim of a predatory fake loan app scam. Anjali, needing a small sum for an urgent expense, downloaded an app called ‘SwiftLoan India’ and took a loan of ₹7,000. The app, during installation, nefariously gained access to her phone’s contacts and photo gallery. Within a week, the nightmare began. The loan app agents started demanding ₹30,000, threatening to morph her personal pictures into obscene images and circulate them among her contacts if she didn’t comply. They followed through with their threats by sending abusive messages and morphed pictures to her family and friends, causing immense mental anguish and social embarrassment. Sameer is now seeking a way to fight back against these digital criminals and protect his sister.

Advice in such cases

• Do not panic. Your calm and composed reaction is the first step toward resolving the issue.
• Stop all payments immediately. Paying them will only encourage more extortion.
• Preserve all evidence. Take screenshots of threatening messages, call logs, payment demands, and transaction details.
• Inform your close family and friends about the situation, so they are not alarmed by messages from the scammers and can support you.
• 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 involve multiple offenses under Indian law. The police can register an FIR under the following sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act:

• Section 326 of Bharatiya Nyaya Sanhita, 2023 (BNS): For Extortion. This applies when scammers put a person in fear of injury to demand money or property.
• Section 351 of Bharatiya Nyaya Sanhita, 2023 (BNS): For Criminal Intimidation. This covers the threats to harm a person’s reputation by circulating morphed images.
• Section 318 of Bharatiya Nyaya Sanhita, 2023 (BNS): For Cheating. The entire loan app scheme is based on dishonest inducement.
• Sections 66D and 66E of the Information Technology Act, 2000: For cheating by personation using a computer resource and for violation of privacy, respectively.
• Sections 67 and 67A of the Information Technology Act, 2000: For publishing or transmitting obscene or sexually explicit material in electronic form.

If you are the complainant

If you are helping a friend or family member who is a victim, like Sameer is for Anjali, here are the steps you should take:

• Help the victim gather and organize all digital evidence, including screenshots, app details, and bank statements.
• Draft a detailed written complaint outlining the sequence of events, from downloading the app to the harassment and threats.
• File a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930.
• Visit the nearest police station, specifically the Cyber Crime Cell if available, to file an FIR. Provide them with a copy of the online complaint.
• 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 one being targeted directly, focus on your safety and taking control of the situation:

• Block all numbers from which you are receiving threats and abusive messages.
• Consider deactivating your social media accounts temporarily to limit the scammers’ ability to harass you further.
• Send a message to your contact list, informing them that your phone data has been hacked and they should ignore any malicious messages sent from unknown numbers regarding you.
• Do not engage with the scammers. Any response, whether anger or pleading, will be seen as engagement.
• 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, particularly the Cyber Crime units, are now increasingly aware of these loan app scams. Upon receiving a complaint, they will register an FIR under the relevant sections of the BNS and IT Act. The investigation will focus on tracing the digital trail of the scammers, which includes the phone numbers used for harassment, the bank accounts where the extorted money was sent, and the technical infrastructure of the app. The procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the police will collect evidence as per its provisions.

FAQs people normally have

Victims and their families often have pressing questions during such a crisis. Here are some common ones:

What evidence is required?

Strong evidence is crucial for a successful investigation and prosecution. You should collect:

• Screenshots of the loan app’s interface, loan agreement (if any), and permissions it sought.
• Screenshots of all threatening and abusive messages received on WhatsApp or other platforms.
• The phone numbers of the agents who contacted you.
• Bank account statements showing the loan amount credited and any money you may have paid back.
• Call recordings of any threatening conversations, if you managed to record them.

How long will the investigation take?

Cybercrime investigations can be complex and time-consuming. Tracing the culprits often involves coordinating with multiple banks, telecom operators, and internet service providers. The scammers frequently use fake identities and route money through numerous accounts, making them difficult to track. While the police will act promptly to get the offending content taken down and bank accounts frozen, a complete investigation leading to arrests can take several months or even longer.

Advocate Sudhir Rao, Supreme Court of India