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

My associate, Mr. Alok, recently found himself in a distressing situation where he was deceived into sending a significant amount of money to a scammer through a popular digital payment application called ‘SwiftPay’. He was tricked by a fraudulent message promising a lucrative investment return. Realizing the mistake almost immediately, he is now looking for legal avenues to report the crime and potentially recover his lost funds. This is a common form of cyber fraud, and taking swift, informed action is crucial.

Advice in such cases

If you or someone you know has become a victim of a digital payment scam, time is of the essence. Here are the immediate steps you should take:

• Immediately report the fraudulent transaction to your bank and the payment app’s customer support. Provide them with the transaction ID and all other relevant details. Ask them to freeze the recipient’s account.
• Call the National Cyber Crime Helpline number 1930 to report the financial fraud. This initiates a process to try and stop the money from being withdrawn by the fraudster.
• Visit the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) and file a formal complaint. Make sure to save a copy of the complaint acknowledgment.
• Gather all evidence, including screenshots of the transaction, the scammer’s UPI ID or phone number, and any conversations you had with them.
• 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 financial scams involve multiple legal provisions. The police will typically investigate the matter under the following laws:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of cheating. Whoever dishonestly induces a person to deliver any property (including money) is said to have committed cheating.
• Section 43 of the Information Technology Act, 2000: This section provides for penalties and compensation for damage to a computer, computer system, etc. In cases of unauthorized access leading to financial loss, this section can be invoked.
• Section 66D of the Information Technology Act, 2000: This is a critical section for online scams. It penalizes cheating by personation by using a computer resource or a communication device. Most UPI scams fall under this category.

If you are the complainant

As the person filing the complaint, your role is to provide as much clear information as possible to the authorities.

• Compile a detailed timeline of events. Note down the date, time, and sequence of all interactions and transactions.
• Draft a clear and concise written complaint to be submitted to the police at the cyber crime cell or your local police station. Attach all the evidence you have gathered.
• After filing the FIR or online complaint, regularly follow up with the investigating officer for updates on the case. Your persistence can make a difference.
• 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 scam, your immediate focus should be on damage control and initiating the recovery process.

• Do not engage further with the scammer. They may try to trick you into sending more money under the pretext of “releasing” the original amount. Block their number immediately.
• Inform your bank that your financial information has been compromised. They can take steps to secure your account and monitor for further fraudulent activity.
• Follow the reporting procedure meticulously, starting with helpline 1930 and the cybercrime portal. This creates an official record and triggers the legal process.
• 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

Cyber crime cells are now more equipped to handle such cases. Upon receiving a complaint, the police will register an FIR under the relevant sections of the BNS and the IT Act. The investigating officer will then issue notices to the concerned banks and payment gateway companies (like SwiftPay in this case) to obtain the details of the account holder where the money was transferred. They will attempt to trace the money trail and identify the location and identity of the accused. However, be prepared for the process to take time, as these scams often involve multiple bank accounts across different states to obscure the trail.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful investigation. You must preserve and provide the following:

• A screenshot of the transaction confirmation page showing the transaction ID, date, time, and amount.
• Your bank account statement highlighting the debited amount.
• The scammer’s UPI ID, phone number, or any other contact details you have.
• Screenshots of any chats or conversations with the scammer on WhatsApp, SMS, or any other platform.
• A copy of the complaint filed on the National Cyber Crime Reporting Portal.

How long will the investigation take?

The duration of a cyber fraud investigation can vary significantly. It depends on factors like the complexity of the fraud, the number of banks involved, and how quickly the financial institutions respond to police notices. Tracing the scammer can be challenging if they have used fake identities or are operating from a remote location. While simple cases might see progress in a few months, complex ones can take much longer. Recovery of the money is not always guaranteed, but swift reporting significantly increases the chances of freezing the funds before they are withdrawn.

Advocate Sudhir Rao, Supreme Court of India