Cyber Fraud SIM Card Case — Chargesheet Filed but Police Still Demanding Money: What to Do

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.

Rohan Gupta, a software professional from Gomti Nagar, Lucknow, received a rude shock in early February 2024. Police officers from Nagpur showed up at his doorstep, claiming his registered SIM card had allegedly been used to facilitate a cyber fraud transaction. He was taken to a local outpost for questioning. After prolonged pressure and what the officers called an "informal settlement," Rohan paid a sum of money on the assurance that the matter would be quietly buried.

It wasn't buried. Nearly eighteen months later, in late July 2025, one of the same officers called again — insisting Rohan travel to Nagpur with ₹15,000 to ₹20,000 in "expenses" to handle a chargesheet that supposedly needed filing. Alarmed, Rohan checked the eCourts portal himself and discovered the chargesheet had already been filed back in October 2024. He'd been kept in the dark the entire time.

Rohan had initially sought help from a local general practitioner advocate, but the advice he received was vague and didn't address the specific procedural steps available to an accused whose chargesheet is already before a Magistrate. Frustrated and frightened, he approached Advocate Sudhir Rao. A clear strategy was put in place immediately: obtain a certified copy of the chargesheet through the court registry, file for anticipatory bail under Section 482 BNSS before the appropriate court, and formally lodge a complaint against the officer's conduct through the proper supervisory channel. The matter, which had hung over Rohan's family for months, began moving toward resolution as soon as a domain-specific approach was applied.

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.

Check the eCourts portal immediately: If you suspect a chargesheet has been filed, verify it yourself on the National eCourts Services portal (ecourts.gov.in). Note the case number, court, and next hearing date. Don't rely on what the police officer tells you over the phone.

Never pay money to a police officer informally: Any demand for cash outside of official court fees is likely illegal. And here's the thing — every such conversation needs to be documented. Save call logs, record conversations where legally permissible, preserve WhatsApp messages. This evidence can be used in a formal complaint against the officer.

Engage an advocate with specific experience in cyber crime and criminal defence matters: Cases involving cyber fraud allegations, chargesheet-stage proceedings, and potential police misconduct require a practitioner who understands both the Information Technology Act, 2000 and the procedural framework under the BNSS. A general practitioner may not be familiar with the evidentiary standards that apply at the cognizance stage, or with anticipatory bail strategy in cyber cases. That gap can cost you significantly.

Applicable Sections of Law

The following provisions are typically applicable in a case where a person is accused of facilitating cyber fraud through their SIM card:

• Section 318 BNS — Cheating. Where the SIM card was allegedly used to deceive and cause wrongful gain to another, this section attracts criminal liability.
• Section 61 BNS — Criminal conspiracy. If there is any allegation of coordination with the actual fraudsters, this section may be invoked.
• Section 66C of the Information Technology Act, 2000 — Identity theft using electronic means, which is directly relevant where a SIM card is used to impersonate another person for fraud.
• Section 66D of the Information Technology Act, 2000 — Cheating by personation using computer resources, applicable where the SIM-based communication was used to impersonate.
• Section 193 BNSS — Procedure for taking cognizance of an offence upon a police report (chargesheet), relevant to understanding your rights once the chargesheet is before a Magistrate.

Punishment and Penalties

• Section 318 BNS (Cheating): Imprisonment up to three years, or fine, or both. Aggravated cheating (involving delivery of property) may attract up to seven years.
• Section 66C IT Act: Imprisonment up to three years and a fine up to ₹1,00,000. Cognizable and non-bailable.
• Section 66D IT Act: Imprisonment up to three years and a fine up to ₹1,00,000. Cognizable and non-bailable.
• Section 61 BNS (Conspiracy): Punishment commensurate with the principal offence conspired.
• These offences are generally non-compoundable, meaning the complainant can't independently withdraw them without court approval.

Jurisdiction — Where to File the Case

In cyber fraud matters, territorial jurisdiction lies with the police station in whose area the offence was committed or where its effects were felt (Section 175 BNSS). Since the alleged fraud may have caused harm in a different city from where the accused resides, you may find yourself subject to the jurisdiction of a court far from home. The chargesheet, once filed, is taken cognizance of by the Judicial Magistrate First Class (JMFC) or Chief Judicial Magistrate (CJM) of that district. Any bail application, quashing petition, or complaint against police must be filed before the appropriate court in that jurisdiction. Frankly, getting the territorial jurisdiction right from the outset is critical — an error here wastes time and money.

What if Police Refuse to File FIR?

In this particular scenario, the FIR and chargesheet already exist. But in broader situations where police refuse to act on a cyber fraud complaint, here's what you can do:

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, requesting direction to register the FIR.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS if the SP fails to act.
• Approach the Cyber Crime portal (cybercrime.gov.in) for online registration of cyber fraud complaints — this creates a formal record.
• As a last resort, file a writ petition before the High Court under Article 226 of the Constitution seeking a direction to register the FIR and conduct a fair investigation.

Rights of the Accused

Make no mistake — even if a chargesheet has been filed against you, you retain full constitutional and statutory rights:

• Right against self-incrimination (Article 20(3), Constitution of India): You cannot be compelled to be a witness against yourself. Any confession obtained under duress is inadmissible.
• Right to legal representation (Article 22(1)): You have the right to consult and be defended by an advocate of your choice at every stage.
• Right to be produced before a Magistrate within 24 hours of arrest (Section 187 BNSS): Police can't hold you beyond this period without judicial authorisation.
• Right to a copy of the FIR and chargesheet: You're entitled to obtain a certified copy of the chargesheet from the court registry on payment of nominal copying charges.
• Right to know grounds of arrest: Under Section 47 BNSS, the arresting officer must inform you of the grounds of your arrest.

Bail Provisions

Since the offences under Section 66C and 66D of the IT Act are non-bailable, regular bail must be sought before the Magistrate or Sessions Court under Section 480 BNSS. If you apprehend arrest, anticipatory bail under Section 482 BNSS should be filed before the Sessions Court without delay. Now, before you act, understand this: anticipatory bail applications in cyber cases are time-sensitive. Delay can result in arrest before the application is heard. Typical bail conditions may include surrender of passport, periodic attendance at the police station, and a surety bond. Your advocate's familiarity with the specific court's practices can make a material difference to how quickly bail is granted and on what terms.

Quashing of FIR / Case

Where the chargesheet discloses no prima facie case against you, or where the allegations are clearly an abuse of the court's process, a petition for quashing can be filed before the High Court under Section 528 BNSS, which preserves inherent powers to prevent abuse of process and secure ends of justice. As affirmed in State of Haryana v. Bhajan Lal, 1992, courts have recognised specific categories of cases fit for quashing, including situations where the allegations do not constitute any cognizable offence. If the evidence shows that your SIM card was used without your knowledge or consent (for instance, through SIM cloning or theft), this can form a strong ground for quashing. The strategy must be assessed case-by-case.

If You Are the Victim

Now, before you call your advocate, if you're actually the victim whose SIM or identity was misused — rather than the accused — here are the steps to take:

• File a complaint immediately on the National Cyber Crime Reporting Portal at cybercrime.gov.in, providing all transaction details and communication records.
• Approach the nearest Cyber Crime Police Station and insist on a written acknowledgment of your complaint.
• Contact your telecom service provider in writing to request SIM usage logs and to report suspected SIM cloning or misuse.
• Preserve all bank statements, OTP messages, call records, and screenshots of fraudulent communications as primary evidence.
• If money was transferred, immediately notify your bank to initiate a chargeback or freeze request — early action here can help recover funds.

Documents You Must Keep Ready

• Aadhaar Card and PAN Card (identity proof)
• Certified copy of the FIR and chargesheet (obtainable from the court registry)
• SIM card purchase records and KYC documents submitted to the telecom provider
• Call Detail Records (CDRs) for the relevant period — request from your telecom operator
• Bank account statements for the period of alleged fraud
• Any written or WhatsApp communication received from the police officers making demands
• Receipts or records of any prior "settlement" payment made to police (keep these; they may be relevant)
• Screenshot and printout of the eCourts portal entry showing the chargesheet filing date

What Evidence Is Required?

• CDR and Tower Location Data: Primary evidence to establish whether your SIM was actually used at the time and location of the alleged fraud, or whether it was used remotely without your presence.
• SIM KYC Records: To establish that the SIM was issued legitimately to you and to check whether it was duplicated or ported fraudulently.
• Bank transaction records: Demonstrating no financial benefit was received by the accused from the alleged fraud.
• Chargesheet copy: To understand exactly what evidence the prosecution is relying upon and identify gaps.
• Witness statements: Any person who can corroborate your location or activity at the time of the alleged offence.
• Expert technical opinion: A digital forensics expert's report on SIM cloning or misuse can be decisive secondary evidence.
• Correspondence records: All communications from police — whether phone, SMS, or WhatsApp — documenting any demands made.

How the Police Behave in Such Cases

Cyber fraud investigations frequently involve accused persons who had no direct role in the fraud but whose SIM cards, bank accounts, or identity documents were misused. Police, under pressure to show results, sometimes pursue the most accessible person rather than the actual perpetrator. Demands for money to "settle" or "close" matters — as happened in this case — are a recognised pattern. Once a chargesheet is filed, the investigating officer's power diminishes significantly, as the matter passes to judicial hands. Any further demand for money at that stage is legally impermissible and potentially amounts to an offence under Section 308(3) BNS (extortion). Document everything and report through the correct supervisory channel.

Timeline of Legal Process

• FIR Registration: Offence reported; FIR registered by police (already done in this case)
• Investigation: Police collect CDRs, statements, bank records — typically 60 to 90 days for cyber matters
• Chargesheet Filing: Filed before Magistrate within statutory period (already done — October 2024 in this case)
• Cognizance by Magistrate: Court examines chargesheet and takes cognizance — 2 to 4 weeks after filing
• Summons / Warrant to Accused: Court issues process to secure appearance of accused — 4 to 8 weeks
• Framing of Charges: After appearance, charges are formally framed — 3 to 6 months
• Trial (Evidence stage): Prosecution and defence lead evidence — this stage can run 1 to 3 years depending on the court's docket
• Arguments and Judgment: Final arguments followed by the court's verdict

Landmark Cases and Legal Precedents

Several important judgments shape how these cases are handled in practice.

In State of

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.