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.
TL;DR: A police station calling you after a year for PAN and passbook verification regarding an old cybercrime lien is unusual but not unheard of. It likely relates to a bank-initiated or investigating officer's request for verification to close or forward the case. You have the right to verify the caller's identity, bring a lawyer, and demand a written notice before appearing. Do not panic, but do not ignore it either.
Key Facts of the Case
- A bank account had liens imposed from cybercrime complaints originating in different states over a year ago.
- A police station with jurisdiction over the bank branch, not the account holder's residence, called and asked for PAN and passbook verification.
- The caller was calm, made no threats of arrest, and gave no fixed date or written summons.
- The account holder was told to come "whenever available" for verification and to "forward a report."
- No FIR number, sections of law, or complaint details were communicated over the phone.
- The account holder independently verified the caller's identity through official police station phone numbers before any visit.
The Direct Legal Answer
Let's answer the specific questions raised in this situation head-on.
Why is the police station with jurisdiction over the bank branch calling me?
Very likely, yes. When a cybercrime lien is placed on an account, the investigating officer from the state where the complaint was filed often sends a request to the local police station that has territorial jurisdiction over the bank branch. They ask for a verification report — confirming the account holder's identity, address, and KYC documents — before they can proceed with the investigation or file a final report. The caller's statement — "verification karke aage report submit karni hai" — matches this procedure precisely. The bank itself may have also referred the matter due to the unresolved lien after a year.
What does "verification karke aage report submit karni hai" mean?
The officer essentially needs to verify your identity (through PAN and passbook) to create a report confirming that you are who you claim to be. That report is then forwarded to the requesting authority — either the investigating officer from the other state's cyber cell, the bank's compliance department, or the NCRP portal. It is a procedural step, not an accusation of guilt.
Should I go without a written notice?
You are not legally obliged to appear without a written notice under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023. That section requires a police officer to issue a written order to compel attendance. An informal phone call does not carry that legal force. However, it is wise to cooperate. The safe step is to first verify the caller's identity through the police station's official landline number, and then visit with a lawyer or a trusted family member.
Advice in Such Cases
First, do not panic. A calm, methodical approach protects your legal rights better than fear. Start by independently confirming the caller's identity. Call the Naka Police Station's official number listed on the city police website. Ask for the officer by name and confirm the request. If it is genuine, schedule a visit at a time convenient for you.
Second, when you go, do not go alone. Take your father, a family member, or preferably a lawyer. Carry photocopies of your PAN and passbook. Show originals for verification only, do not hand them over. Ask for the complaint or reference number, the name of the investigating officer who requested the report, and a written acknowledgment of the documents you provide.
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.
One more thing. Cases like these involve nuanced procedural knowledge — how liens are placed, how verification reports flow, and how to get a lien removed. A general practitioner may not know the specific steps. A lawyer who regularly handles cybercrime and banking matters can guide you faster and avoid missteps.
Applicable Sections of Law
This matter falls under criminal law, specifically cybercrime and bank fraud. Key provisions include:
- Section 318 Bharatiya Nyaya Sanhita (BNS), 2023 — Cheating by personation using computer resource, covering many cyber frauds that lead to account liens.
- Section 321 BNS, 2023 — Cheating and dishonestly inducing delivery of property, relevant where the fraud involved property or money transfer.
- Section 179 BNSS, 2023 — Power to require attendance of witnesses and production of documents. This is the section police use to formally summon a person for investigation.
- Section 197(1) BNSS, 2023 — Obligation of banks and financial intermediaries to provide information and documents in cybercrime investigations, which may trigger verification requests.
- Section 66D Information Technology Act, 2000 — Punishment for cheating by personation using computer resource, often applied alongside BNS sections.
Punishment and Penalties
- Section 318 BNS: Imprisonment up to three years and fine.
- Section 321 BNS: Imprisonment up to seven years and fine (depending on value).
- Section 66D IT Act: Imprisonment up to three years and fine up to ₹1 lakh.
- Cognizable / Non-cognizable: These offences under BNS are generally cognizable.
- Bailable / Non-bailable: Section 318 BNS is bailable; Section 321 BNS may be non-bailable depending on the value involved.
- Compoundable / Non-compoundable: These offences are generally not compoundable under the Code, but some can be compromised with court permission in certain cases.
Jurisdiction — Where to File the Case
For cybercrime, jurisdiction lies where the computer resource was used, where the victim resides, or where the bank branch is located. The police station with territorial jurisdiction over the bank branch can receive verification requests from any state. That is why Naka Police Station contacted you. For filing a complaint, you approach the local cyber crime police station or the National Cyber Crime Reporting Portal. For court proceedings, jurisdiction follows the place of offence, which is where the fraudulent transaction was executed.
What if Police Refuse to File FIR?
If the police refuse to register a complaint as an FIR, you have options:
- Approach the Superintendent of Police under Section 173(4) BNSS with a written representation.
- File a private complaint before the Magistrate under Section 175(3) BNSS.
- Seek direction from the Magistrate under Section 175(1) BNSS for police investigation.
- As a last resort, file a writ petition in the High Court for mandamus directing FIR registration.
Rights of the Accused
If you are a suspect, remember your fundamental rights:
- Right to remain silent: You are not required to incriminate yourself under Article 20(3) of the Constitution.
- Right to legal representation: Under Article 22(1), you have the right to consult and be defended by a lawyer of your choice.
- Right to be produced before a Magistrate: Within 24 hours of arrest, as per Section 281 BNSS.
- Right to copy of FIR: You are entitled to a free copy of the FIR under Section 194(2) BNSS.
- Right to know grounds of arrest: Under Article 22(1) and Section 184 BNSS.
Bail Provisions
For bailable offences under Section 318 BNS, bail is a matter of right. The police can grant bail on a bond. For non-bailable offences under Section 321 BNS, you must apply for bail before the Magistrate or Sessions Court. You can also file for anticipatory bail under Section 482 BNSS if you apprehend arrest. The court will consider factors like the value of the fraud, your criminal history, and the risk of evidence tampering. Do not skip bail applications — a strong bail strategy can avoid unnecessary custody.
Quashing of FIR / Case
If an FIR is registered against you and you believe it is frivolous or lacks prima facie evidence, you can approach the High Court under Section 528 BNSS (inherent powers) to quash the FIR. Grounds include: no offence made out, abuse of process of law, or a settlement between parties for a compoundable offence. Quashing is not guaranteed; the court will assess whether there is sufficient material to proceed. A lawyer experienced in quashing petitions can advise on viability.
If You Are the Victim
- Report the cybercrime immediately on the National Cyber Crime Reporting Portal or at your local police station.
- Preserve all evidence: transaction records, screenshots, emails, and call logs.
- Issue a written request to your bank to freeze the fraudulent transaction and place a lien.
- Cooperate fully with the investigation, but always through a lawyer.
- Monitor your credit report and other bank accounts for suspicious activity.
Documents You Must Keep Ready
- PAN card and Aadhaar card for identity verification.
- Bank passbook or account statement showing the lien amount and dates.
- Copy of any cybercrime complaint or NCRP acknowledgment you filed earlier.
- Call logs and screen recordings of any communication with the police or bank.
- Proof of address (utility bill, rental agreement) if requested.
- Any correspondence from the bank regarding the lien or freeze.
What Evidence Is Required?
- Bank account statements showing the lien or freeze entry.
- Transaction records proving the fraudulent debit or credit.
- Screenshots of the caller's number and Truecaller details (though not sole proof).
- Written acknowledgment from the police station verifying the officer's identity.
- Any written notice or summon under Section 179 BNSS.
- Affidavit of the account holder explaining the timeline of events.
- CCTV footage from the bank branch, if available, for the disputed transaction.
How the Police Behave in Such Cases
Cybercrime verification calls are usually procedural. The officer will likely be calm and businesslike, as in this case. They are not interested in threatening you — they need documents to close the file. However, police procedure varies. Some stations are more informal; others demand strict compliance. Do not expect them to read out your rights or explain every step. That is why having a lawyer present is important. If the tone turns demanding or threatening, note the officer's name and badge number, and immediately contact a senior officer or the police complaint authority.
Timeline of Legal Process
- FIR Registration: Immediately upon complaint, within 24-48 hours if police accept it.
- Investigation: Usually 1-3 months for simple verification cases; can extend to 6-12 months for complex frauds.
- Charge Sheet: Filed within 60-90 days if the investigation is complete.
- Cognizance by Court: After chargesheet, court takes cognizance and issues summons in 1-2 months.
- Framing of Charges: After appearance of accused, typically at the next hearing.
- Trial: 6 months to 2 years depending on court backlog and case complexity.
- Judgment: After all evidence and arguments are concluded.
- Appeal: Within 30-90 days of judgment in the High Court.
- Lien Removal: Can happen earlier if you cooperate and the verification report clears your name — often within 1-2 months.
How Long Will the Investigation Take?
A simple account verification like this usually takes the police 1-2 weeks to process after you submit documents. The full investigation into the original cybercrime might take 2-6 months, depending on the number of accounts and victims. The verifying police station only completes the report and forwards it — the main investigation is handled by the originating state's cyber cell.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes and no. If you are the victim and the fraud is small, the bank or police may close the matter once you provide documents showing you did not participate. If you are the accused, settlement is possible only if the offence is compoundable. Under BNSS, cybercrime offences like cheating are generally not compoundable. However, in practice, if the victim recovers the amount and withdraws the complaint, the police may drop the investigation or the court may take a lenient view. Mediation through Lok Adalat is also an option for pending cases where both sides agree. Always get a lawyer's opinion before attempting settlement — signing the wrong document can admit guilt.
Common Mistakes People Make
- Ignoring the call or refusing to cooperate: This can make you appear evasive, even if you are innocent. Always respond — politely and with caution.
- Going to the police station alone without a lawyer: You may inadvertently say something that gets misinterpreted or sign a statement under pressure.
- Handing over original documents: Never give originals; show them for verification and submit photocopies with an acknowledgment receipt.
- Paying money or sharing OTP/Passwords: Genuine police will never ask for these over the phone or in person.
- Engaging a lawyer without domain-specific experience: This type of case requires understanding of both cybercrime investigation procedures and banking regulations. A general practitioner may not know how to get lien accounts resolved or how verification reports work. Domain-specific experience can make a significant difference in procedural strategy and outcome.
- Posting details on social media: Avoid sharing the case publicly before it is resolved. It can be used against you in court as evidence.
FAQs People Normally Have
Can the police arrest me for not appearing without a written notice?
No. Without a written notice under Section 179 BNSS, the police cannot compel your attendance or arrest you for non-appearance. They could seek a warrant later, but an informal call does not justify arrest.
Will the lien be removed after I verify my documents?
Not automatically. The verification report helps the investigating officer decide whether to proceed. If the officer finds no evidence against you, they may recommend removal of the lien to the bank. The final removal happens only after a court order or the investigating officer's formal direction. This can take weeks to months.
What if the caller is a fraudster trying to steal my identity?
Verify independently. Call the police station's official landline number from the city police website — not the number the caller gave you. Ask for the officer by name. Genuine police will not mind. If they confirm, it's real. If not, report the incident as a fraud or phishing attempt on the cyber crime portal.
Do I need a lawyer just for a verification visit?
It is not mandatory, but strongly advisable. A lawyer ensures you do not sign anything you do not understand, and can handle any follow-up questions from the police. For a simple verification, a consultation fee of ₹2,000 to ₹5,000 is typical.
Can the bank initiate a police verification report on its own?
Yes. Banks are obligated to report suspicious accounts. If a lien is unresolved for over a year, the bank's compliance team may request local police verification to determine if the account holder is traceable and the transaction was unauthorised. This is common practice.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.