If you are stuck in such a situation, here is what to do.
Mr. Sameer, a software developer from the city of Shantinagar, was having a regular workday when his phone rang. The caller, in a grave voice, introduced himself as an advocate calling directly from the City Civil Court. He claimed that a serious case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act had been filed against Sameer. The caller alleged that a non-bailable warrant was imminent and that he could "manage" the situation by filing for anticipatory bail immediately. The price for this service was a hefty ₹1,50,000, which needed to be transferred urgently. When Sameer, in a state of shock, asked for the lawyer's name, Bar Council ID, or the specific FIR number, the caller became evasive and aggressive, threatening dire consequences if he didn't comply. This is a classic example of a sophisticated scam targeting unsuspecting citizens by creating panic.
Advice in such cases
Receiving such a call can be terrifying. Scammers prey on this fear. It is crucial to remain calm and act logically.
- Do Not Panic or Pay: The primary goal of such calls is to create panic and force you into making a hasty decision. Never transfer any money or share financial details like bank account numbers, UPI IDs, or card information.
- Verify the Caller's Identity: A legitimate advocate will always provide their name, Bar Council enrollment number, and office address. Ask for these details. If they refuse or become hostile, it is a major red flag.
- Demand Case Details: In India, a criminal case begins with a First Information Report (FIR). Ask for the FIR number, the date of registration, the name of the police station where it is filed, and the specific sections of law invoked. A genuine lawyer would have this information.
- Disconnect the Call: If the caller is evasive or threatening, simply disconnect the call. Do not engage in any further argument or conversation. Block the number immediately.
- 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 scam calls involve multiple criminal offenses under Indian law. The new Bharatiya Nyaya Sanhita (BNS) has specific provisions that apply:
- Section 316 of BNS (Cheating): The act of deceiving someone to deliver property (money) constitutes cheating.
- Section 318 of BNS (Cheating by Personation): Pretending to be someone else (in this case, an advocate) to cheat is a more serious offense.
- Section 326 of BNS (Extortion): Putting a person in fear of injury (in this case, fear of arrest and legal proceedings) to dishonestly induce them to deliver money is extortion.
- Section 66D of the Information Technology Act, 2000: This section specifically deals with cheating by personation using a communication device or computer resource, which is directly applicable to phone scams.
If you are the complainant
If you are targeted by such a scam, you are the complainant in the eyes of the law. Here are the steps you should take:
- Preserve Evidence: Do not delete the call log, messages, or the scammer's phone number. If you were able to record the call, it is crucial evidence. Take screenshots of everything.
- File a Complaint: You should immediately report the incident. You can file a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930. Alternatively, you can file a written complaint at your nearest police station.
- Provide a Detailed Account: In your complaint, clearly state the sequence of events, the phone number from which you received the call, the demands made, and the threats issued.
- 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 have unfortunately fallen for the scam and paid money, immediate action is required to maximize the chances of recovery and justice.
- Report Financial Fraud: Immediately call the cybercrime helpline 1930 and report the fraudulent transaction. Also, inform your bank and follow their procedure for reporting fraud. This can help in blocking the transfer or freezing the scammer's account.
- File a Police Complaint: A formal FIR is necessary. Go to the police station and file a complaint, providing all transaction details, the scammer's phone number, and any other communication you had.
- Cease All Contact: Scammers may try to contact you again for more money under a different pretext. Block their number and do not engage with them further.
- 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, the police, especially the cybercrime cell, will initiate an investigation. They will typically take statements, collect the evidence you provide, and then use technical means to trace the phone number and the money trail. The process involves coordinating with telecom service providers and banks. While the police are generally helpful, investigations can be complex and time-consuming due to the anonymous nature of such crimes. Your cooperation will be essential.
FAQs people normally have
Can a real advocate call someone without being appointed?
No. The Advocates Act, 1961, and the Bar Council of India Rules strictly prohibit advocates from soliciting work. A lawyer will only contact you after you or someone on your behalf has formally engaged them. They do not make cold calls to inform people about cases filed against them.
How can I verify if a case is actually filed against me?
You can visit the official website of the district court in your jurisdiction or the relevant High Court. Most courts now have an e-courts service where you can search for cases by name, though this may not show cases at the FIR stage. The most reliable way is to have your lawyer check with the concerned police station or court registry.
What if the scammer has my personal details like my address or Aadhaar number?
Scammers often get personal data from various online leaks and databases. Do not be intimidated by this. It does not legitimize their claims. Stick to the verification process and do not confirm or provide any more personal information.
What evidence is required?
The more evidence you can provide, the stronger your case will be. Key pieces of evidence include:
- The phone number of the scammer.
- Screenshots of the call log.
- Audio recording of the conversation (if legally permissible and available).
- Any text or WhatsApp messages exchanged with the scammer.
- Bank transaction details, including the transaction ID, date, time, and the recipient's account details, if you have paid any money.
How long will the investigation take?
The duration of a cybercrime investigation varies greatly. It depends on factors like the complexity of the case, the digital trail left by the scammer, inter-state jurisdiction issues, and the workload of the investigating agency. Tracing a scammer who uses fake identities and multiple bank accounts can take anywhere from a few months to over a year. Patience and regular follow-up with the police are key.
Advocate Sudhir Rao, Supreme Court of India