Mr. Sameer Verma, a bright and diligent first-semester law student at a private university in Nagpur, was looking for affordable study materials. Being on a tight budget, he decided to search for second-hand law guides and textbooks online. He came across a post on a popular student forum, “CampusConnect,” where a user named “Rahul Singh” was offering a complete set of first-semester law books, including popular guides from “Apex Law Publications,” for a very reasonable price of Rs. 4,500.

Excited by the deal, Sameer contacted Rahul, who was very persuasive and claimed to be a senior student who had recently cleared his exams. After a brief chat, Rahul shared his UPI details, and Sameer promptly transferred the full amount. Rahul assured him that the books would be dispatched via “Swift Courier Services” the next day and that he would share the tracking details. However, the tracking number never arrived. After two days of waiting, Sameer tried contacting Rahul, only to find that his number was unreachable and his profile on CampusConnect had been deleted. Sameer realised he had been scammed and had lost his hard-earned money with no books to show for it.

Advice in such cases

If you find yourself in a similar situation involving online fraud, it is crucial to act quickly and methodically.

• Preserve all evidence immediately. Take screenshots of the advertisement, the seller’s profile, all chat conversations, and the payment confirmation details.
• Do not engage further with the fraudster if they contact you from a different number with excuses or demands for more money.
• Report the fraudulent profile to the platform administrator (e.g., the social media site or forum).
• Immediately inform your bank or the UPI service provider about the fraudulent transaction, although reversing a UPI payment is difficult.
• 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 of online fraud primarily attract provisions related to cheating under Indian law. The key sections are:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with “Cheating.” Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, is said to “cheat.” In this case, Rahul deceived Sameer into delivering money. The punishment can be imprisonment for up to three years, a fine, or both.
• Section 318(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS): If the cheating is committed using a computer resource or a communication device, the punishment is enhanced to imprisonment of up to five years and a fine. This is directly applicable to online scams.
• Section 66D of the Information Technology Act, 2000: This section punishes cheating by personation by using any communication device or computer resource. If Rahul used a fake identity, this section would apply, carrying a punishment of imprisonment up to three years and a fine up to one lakh rupees.

If you are the complainant

As the complainant (the person who was cheated, like Sameer), you are the one who sets the legal process in motion. Here are the steps you should take:

• File a Cyber Crime Complaint: The first and most important step is to file a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930. Provide all the details and upload the evidence you have collected.
• Approach the Police: You can also file a complaint at the cyber crime cell of your city or the local police station. They can register a First Information Report (FIR) based on your complaint.
• Keep Records: Maintain a copy of your complaint, the FIR number, and any other acknowledgment you receive from the authorities.
• 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

As the victim of the crime, your role is crucial for the investigation and prosecution of the accused.

• Cooperate with the Investigation: The police will require your statement and may ask for further clarification or evidence. Full cooperation is essential for the case to proceed effectively.
• Gather Your Documents: Systematically arrange all your evidence, such as screenshots, bank statements showing the debit, the UPI transaction ID, and any mobile numbers or profile links of the accused.
• Be Persistent: Follow up with the investigating officer periodically to know the status of your case. Sometimes, due to a high caseload, you may need to show persistence.
• 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 of online cheating, the police, particularly the cyber crime cell, will initiate an investigation. Their typical course of action includes tracing the digital trail left by the fraudster. They will contact the bank or UPI service provider to get the details of the account where the money was transferred. They will also use the mobile number to trace the location and identity of the user. However, fraudsters often use fake SIM cards and multiple bank accounts (money mules) to hide their tracks, which can make the investigation complex. The police’s effectiveness can depend on their resources and the complexity of the case, but reporting the crime is always the correct and necessary step.

FAQs people normally have

Is it worth reporting a small amount like Rs. 4,500?
Absolutely. While the amount may seem small, reporting the crime is crucial. It creates a record against the fraudster, and if multiple victims report the same person or account, it helps police build a stronger case and prevent them from cheating others. Your report contributes to a larger effort to combat cybercrime.

Can I get my money back?
Getting your money back is possible but not guaranteed. If the police successfully apprehend the accused and recover the funds, the court can order the money to be returned to you. The chances of recovery are higher if the crime is reported immediately after it occurs.

What evidence is required?

Strong evidence is the backbone of a successful prosecution. For an online cheating case, you must provide:

• Screenshots of the online ad, post, or seller’s profile.
• Complete chat history with the fraudster.
• The UPI transaction ID and a bank statement showing the debited amount.
• The mobile number(s) and any other contact details used by the fraudster.
• Any fake documents or tracking IDs sent by the accused.

How long will the investigation take?

The duration of a cybercrime investigation varies greatly. It can take anywhere from a few weeks to several months or even longer. The timeline depends on factors like the speed of response from banks and telecom companies, the complexity of the digital trail, and whether the fraudster is operating from a different state. Patience and regular follow-ups with the investigating authorities are key.

Advocate Sudhir Rao, Supreme Court of India