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 fake police call asking you to report to headquarters without any written notice or reference number is almost certainly a scam. Do not go. Verify by calling the local police station directly or visiting in person. File a complaint if the caller demands money or personal details. A genuine police inquiry will always follow formal procedures.
Rohit Kulkarni, a resident of Kothrud, Pune, received a panic-inducing call in early August 2025. His father picked up the phone from a mobile number that Truecaller showed as "Investigation Office." The caller asked for Rohit by his full name and demanded he report to the Pune Police Commissionerate office within two hours.
Rohit had lost his phone in a theft back in June 2025 and had filed an FIR at the local police station in Kothrud. But the caller never mentioned this. He gave no police station name, no case reference number, and no written notice. When Rohit tried calling back, the line stayed busy.
Unsure what to do, Rohit approached the Chamber of Advocate Sudhir Rao. The office advised him not to respond and instead verified the call with the Kothrud police station — which confirmed it was a scam. Advocate Sudhir Rao and his office then guided Rohit to file a formal complaint under relevant impersonation provisions. The matter was resolved without any escalation. The key here was quick verification. And here's the thing — the client's earlier instinct to simply ignore the call wasn't enough. A structured legal approach helped close the matter cleanly.
Key Facts of the Case
- The caller used a private mobile number, not an official police landline or registered number.
- No FIR or DD (Daily Diary) number was provided, which is mandatory for any police summons.
- The caller refused to disclose his police station, department, or rank when asked.
- Rohit had filed a genuine FIR for theft of his phone — the scammer likely used this information to appear credible.
- The client's father answered the call, and the caller specifically asked for Rohit by name, suggesting prior data breach.
- Under the BNSS, 2023, all police communications must follow procedure — verbal calls without written notice are highly irregular.
- The matter was resolved by filing a complaint under Section 319 (dishonest impersonation) of the BNS and reporting to the cyber cell.
The Direct Legal Answer
Is this call genuine?
No. A genuine police inquiry will always be backed by a written notice or a known reference number. Police do not simply call from private numbers and ask you to report within hours without explanation. If the caller cannot provide a station name, a case number, or a reason for the inquiry, it's almost certainly a scam.
What if they ask for money or personal details?
Do not share anything. This is a common modus operandi for cyber fraudsters. Never transfer money, share OTPs, bank details, or Aadhaar numbers over such calls. If they demand payment to "close the matter," it's a red flag.
Should I go to the police station?
Only after verifying. Call the police station directly on its official landline number (not the number the caller used) or visit in person. If it's a scam, you'll be safe. If it's genuine, the police will confirm formally.
What if the caller claims I'm a suspect?
That's still not a reason to respond without verification. Even if you are a suspect, the police must follow due process — written notice, summons, or arrest with proper documentation. A verbal demand with a time limit is not legal procedure.
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.
First, never panic. Scammers rely on creating urgency. Second, do not call the number back — that confirms your number is active and may lead to more calls. Third, block the number and report it on the Department of Telecommunications' Chakshu portal or the national cyber crime helpline (1930). This type of case involves nuances of cyber law and police procedure. An advocate who handles fraud and impersonation matters regularly will know exactly how to file the complaint, escalate it to the right cyber cell, and ensure the number is traced, if needed.
Applicable Sections of Law
This case involves potential impersonation of a public servant and cyber fraud. Under the Bharatiya Nyaya Sanhita (BNS), 2023, the following are relevant:
- Section 319 BNS: Cheating by personation — using a false identity to deceive and cause harm. Punishable with imprisonment up to three years and fine.
- Section 356(2) BNS: Criminal intimidation by anonymous communication — if the call threatened harm. Punishable with imprisonment up to two years.
- Section 49(2) BNSS: Police are required to record all information in writing and provide a copy to the complainant — a verbal call without documentation violates this.
- Section 67 BNSS: All police communications regarding summons must follow prescribed procedure — failure to do so renders the summons invalid.
Additionally, the Information Technology Act, 2000 covers cyber fraud and identity theft, though the BNS now subsumes many such offences.
Punishment and Penalties
If the scammer is caught, they may face the following penalties under the BNS:
- Section 319 BNS: Imprisonment up to three years, fine, or both. Cognizable and bailable.
- Section 356(2) BNS: Imprisonment up to two years, fine, or both. Cognizable and bailable.
- Fraud or cheating via electronic means: May also attract additional penalties under the IT Act — imprisonment up to three years and fine.
- The offence is generally compoundable if the victim agrees, though police may oppose for public interest.
Jurisdiction — Where to File the Case
For a fake police call received in Pune, the jurisdictional police station is the one covering your area — in this case, Kothrud Police Station. If the call involved financial fraud, you should also file a complaint at the nearest Cyber Crime Police Station. For criminal matters, the Magistrate's Court that has territorial jurisdiction over the area where the call was received will handle the case. Jurisdiction matters because filing in the wrong court or police station delays the process and often leads to the complaint being transferred, wasting time.
What if Police Refuse to File FIR?
If the local police station refuses to register your complaint regarding the fake call:
- Approach the Assistant Commissioner of Police (ACP) or Deputy Commissioner of Police (DCP) of your zone under Section 173(4) BNSS, which allows a superior officer to direct registration.
- File a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS if the police still refuse.
- As a last resort, file a writ petition before the High Court under Article 226 of the Constitution seeking directions to register the FIR.
- Keep a written copy of your complaint with the police acknowledgment (stamp or diary number) to prove you approached them.
Rights of the Accused
Even if you are wrongfully accused in such a call, you have rights:
- Right to remain silent: You are not obliged to answer questions from someone claiming to be police without proper identification. Article 20(3) of the Constitution protects against self-incrimination.
- Right to legal representation: Article 22(1) guarantees the right to consult and be defended by an advocate of your choice.
- Right to know grounds of arrest: If arrested, you must be informed of the grounds in writing within 24 hours, and produced before a Magistrate.
- Right to a copy of FIR: You are entitled to a free copy of the FIR if one is registered against you.
- Right to bail: For bailable offences, bail is a matter of right. For non-bailable ones, you can apply for regular or anticipatory bail.
Bail Provisions
If the fake call escalates into a police complaint against you (e.g., if someone frames you), bail provisions apply:
- Offences under Section 319 BNS (cheating by personation) are bailable. Bail can be obtained from the police station itself or the Magistrate's court.
- For non-bailable offences, you can apply for anticipatory bail under Section 482 BNSS if you fear arrest. This is filed before the Sessions Court or High Court.
- Regular bail under Sections 480 or 483 BNSS can be sought after arrest. The court considers flight risk, criminal antecedents, and evidence strength.
- Typical bail conditions include surrendering your passport, providing sureties, and not tampering with evidence.
- Bail strategy in impersonation cases often involves showing that no actual harm occurred and that the complainant willingly engaged with the caller.
Quashing of FIR / Case
If a fake complaint is filed against you based on such a call, you can seek quashing:
- File a petition under Section 528 BNSS before the High Court, invoking its inherent powers.
- Grounds for quashing include: no prima facie offence made out, complaint is frivolous or mala fide, or the matter has been settled between parties.
- In impersonation cases, quashing is viable if the call clearly shows no criminal intent on your part and the complaint is an abuse of process.
- The High Court may quash the FIR if it finds that continuing the case would cause injustice and serve no public purpose.
If You Are the Victim
- Do not respond to the caller or share any personal information. Hang up immediately.
- Block the number on your phone and mark it as spam.
- Report the number to the national cyber crime helpline at 1930 or on the cybercrime.gov.in portal.
- If you shared sensitive data (like Aadhaar or bank details), contact your bank to freeze accounts and file a complaint with the cyber cell.
- If the caller threatened you, file an FIR for criminal intimidation under Section 356 BNS at your local police station.
Documents You Must Keep Ready
- Call log — screenshot showing the number, time, and duration of the call.
- Truecaller or other caller ID app name display (if any) — to show how the scammer identified themselves.
- Any messages or follow-up calls — these should be saved as screenshots.
- Your Aadhaar, PAN, or any ID you used when filing the original theft FIR (if applicable).
- Copy of the original theft FIR (if the call relates to it) — from the police station.
- Bank account or transaction details if you were asked to make a payment (even if you didn't).
- A written statement of the entire conversation — date, time, what was said verbatim.
What Evidence Is Required?
- Primary evidence: The call recording (if you recorded it) — but note that recording calls without consent may raise admissibility issues; check with your advocate.
- Call logs: Documentary proof of incoming calls from the scam number.
- Truecaller or caller ID app screenshot: Shows the caller's self-identified name.
- Bank or payment records: If any money was transferred, bank statements and transaction IDs are critical.
- Witness testimony: Your father or anyone who heard the call can be a witness to the conversation.
- Complaint acknowledgment: The receipt or diary number from the police station or cyber cell when you file your complaint.
- Any prior communication: Emails, messages, or call records that show the scammer's pattern.
How the Police Behave in Such Cases
When a victim reports a fake police call, local police typically take it seriously, especially if it involves impersonation of a public servant. They may initially seem dismissive if no crime has occurred yet — for example, if you only received a call without any loss. But once you show that the caller was impersonating a police officer, the matter is treated as a cognizable offence. The police will usually register an FIR under Section 319 BNS and refer the matter to the cyber cell for investigation. They may try to trace the caller's number through service providers. The key is to approach the police with clear documentation — written complaint, call logs, and screenshots — to avoid being turned away.
Timeline of Legal Process
- Immediate step (Day 1-2): Block number, file complaint on cyber crime portal or at local police station. You may get an acknowledgment within 24 hours.
- FIR registration (Day 1-7): If you file a written complaint, police are expected to register an FIR if a cognizable offence is made out. This can take a few days if the police are reluctant.
- Investigation (1-4 weeks): Police will request call records from the telecom provider. This is often delayed if the number is prepaid or unregistered.
- Chargesheet (4-8 weeks): If the scammer is traced, police file a chargesheet in court. If not, they may file a closure report.
- Trial (several months to a year): If the accused appears, trial under the Magistrate may proceed. Many such cases are disposed quickly if the accused pleads guilty or if the matter is settled.
- Appeal (if any): A conviction or acquittal may be appealed to the Sessions Court, adding 6-12 months.
How Long Will the Investigation Take?
The investigation for a fake police call case typically takes 2-4 weeks if the number is traced quickly. Police will request call data records (CDRs) from the telecom provider, which can take 7-10 days. If the number is linked to a cyber fraud network, the investigation may extend to several months. The chargesheet must be filed within 90 days for offences punishable with up to 3 years imprisonment, or the accused may seek default bail.
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, but settlement depends on the nature of the case. If the fake call was a simple fraud attempt and no FIR was filed, you can ignore it or report it without needing formal court proceedings. If an FIR is registered against an accused, and the offence is compoundable (such as cheating under Section 319 BNS), the parties can settle the matter before a Lok Adalat or through a compromise deed. However, in cases involving impersonation of a public servant, the police may oppose settlement as it involves public trust. Mediation is also possible but rarely used for criminal fraud matters. Settlement is advisable only when it saves genuine victims from prolonged litigation.
Common Mistakes People Make
- Panicking and sharing personal or financial details with the caller — this is exactly what scammers want.
- Calling the scam number back — this confirms your number is active and may lead to more targeted calls.
- Going to the police station without first verifying the call — wasting time and possibly walking into a setup.
- Deleting the call log or messages — preserve evidence even if it seems insignificant.
- Engaging an advocate who does not regularly handle cyber fraud or impersonation cases — this type of matter involves nuanced procedures like filing complaints on the cyber cell portal, dealing with telecom provider CDRs, and understanding BNSS protocols for police communication. A general practitioner may miss these steps, causing delays or weaker evidence preservation.
- Posting about the call on social media — this can alert the scammer and complicate police investigation.
FAQs People Normally Have
What should I do if I already shared my Aadhaar number with the scammer?
Immediately lodge a complaint with the cyber cell (1930) and report to the Unique Identification Authority of India (UIDAI) to block your biometric data for misuse. Also, place a fraud alert with credit bureaus (Cibil, Experian) to prevent loan fraud.
Can I file a case against the scammer if I don't know their identity?
Yes. You can still file an FIR against "unknown persons" with the mobile number they used. Police can trace the number through the telecom provider. The identity is not needed to register a case; the number and call details are sufficient to start an investigation.
Is it legal to record the call for evidence?
Recording a call without the other party's consent is legally murky. In India, only one-party consent is required in most states, but the admissibility of such recordings as evidence is not automatic. You can save it, but your advocate will advise on whether it can be used in court. Always check with your lawyer before relying on a recording.
Will the police take this seriously if no money was lost?
Yes, especially if the caller impersonated a public servant. Impersonation of a police officer is a serious offence under the BNS, and police are duty-bound to register a case. The fact that no money was lost does not make the scam any less serious — it's still an attempt to cheat or intimidate.
What if the scammer threatens to arrest me?
Do not panic. Genuine arrest warrants are issued by courts, not by phone calls. No police officer can arrest you based on a phone call without proper documentation. If threatened, file a complaint for criminal intimidation under Section 356 BNS and report to the nearest police station immediately.
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.