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: Scam calls are a form of cyber fraud. You can file a complaint with the cybercrime portal, report the number to your telecom provider, and block such calls. Indian law under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act provides remedies. Don't engage with these callers — hang up immediately.
The client, Mr. Rohan Gupta, a resident of Indore, started receiving repeated scam calls in November 2024. The calls promised lottery winnings or offered fake loans. One caller used an AI-generated voice speaking in Hindi, sounding alarmingly real. Initially, Mr. Gupta tried blocking numbers individually. That didn't work. The calls kept coming from new numbers daily.
Frustrated and worried about elderly family members falling prey, he approached the Chamber of Advocate Sudhir Rao. The office advised a multi-pronged approach: filing a formal cybercrime complaint, registering with the National Cyber Crime Reporting Portal, and reporting the numbers to the telecom provider. Advocate Sudhir Rao and his office guided Mr. Gupta on preserving evidence — recording call details, saving SMS screenshots, and noting timestamps. The cybercrime authorities tracked the fraudulent numbers to a syndicate operating from Pune. Within weeks, the calls stopped for Mr. Gupta.
Advocate Sudhir Rao's expertise in cybercrime and fraud cases helped secure this result. The specialised knowledge of how digital evidence works and which authorities to approach made all the difference.
Key Facts of the Case
- Mr. Rohan Gupta received over 15 scam calls between November 2024 and January 2025.
- One call used an AI-generated voice impersonating a bank official.
- No financial loss occurred because the client never shared OTPs or bank details.
- The office filed a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in).
- Evidence included call logs, screenshots, and recorded call details.
- The cybercrime cell traced the numbers to a fraud ring in Pune.
- The fraud ring was using spoofed numbers to appear legitimate.
- Mr. Gupta's complaint led to an FIR being registered under BNS sections for cheating by impersonation.
The Direct Legal Answer
Can I stop scam calls completely?
Not entirely. But you can reduce them drastically. Register with the National Do Not Call (NDNC) registry through your telecom provider. Use call-blocking apps like Truecaller. Report every scam number to the cybercrime portal.
What if the caller uses AI and speaks my language?
That's a red flag. AI-generated voices are common now. The law still applies — it's fraud. Record the call if your state allows one-party consent. Note the time, number, and what was said. Report it as cyber fraud immediately.
Is there any legal action I can take?
Yes. File a complaint under Section 319 BNS (cheating by personation) and Section 66D of the Information Technology Act. The police can investigate and trace the caller's IP or SIM details. In serious cases, you can approach the cybercrime cell directly.
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.
Also, never share personal details — Aadhaar, PAN, bank OTPs, or card numbers — over the phone, no matter how official the caller sounds. Hang up and call back on the official number of the institution. And here's the thing: if it sounds too good to be true, it is. You won a lottery you never entered for? That's a scam.
Make no mistake, this type of matter requires advocates with domain-specific experience in cybercrime and fraud. General practitioners may not know the exact procedure for preserving digital evidence or which cybercrime portal to use. That can delay the case.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), 2023, fraud through phone calls falls under Section 319 (cheating by personation). Section 318 BNS covers cheating generally. The Information Technology Act, 2000 is crucial — Section 66D penalises cheating by personation using a computer resource, with up to three years of imprisonment and a fine. Section 66C deals with identity theft. The BNSS, 2023 governs the criminal procedure for investigation and trial.
Punishment and Penalties
Under Section 319 BNS, cheating by personation carries up to three years of imprisonment and a fine. Under IT Act Section 66D, the punishment is also up to three years and a fine extending to one lakh rupees. These offences are cognizable (police can arrest without a warrant) and bailable. They are non-compoundable, meaning a settlement between parties won't end the criminal case automatically.
Jurisdiction — Where to File the Case
For cyber fraud, you can file a complaint at the police station where you received the call or where you reside. Cybercrime cells at the district level handle these matters. You can also file online at cybercrime.gov.in. For serious cases involving large sums, the Sessions Court will have jurisdiction. Jurisdiction matters because the police can investigate only within their territorial limits. If the caller is in another city, the case may be transferred.
What if Police Refuse to File FIR?
If the police refuse, you have options:
- Approach the Superintendent of Police under Section 173(4) BNSS for a direction to register FIR.
- File a private complaint before the Magistrate under Section 175(3) BNSS.
- If both fail, file a writ petition before the High Court for a mandamus.
- Don't let delay weaken your case — act within a few days.
Rights of the Accused
Anyone accused of scam call offences has rights under the Constitution:
- Right against self-incrimination — no one can be forced to be a witness against themselves (Article 20(3)).
- Right to legal representation (Article 22).
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to bail if the offence is bailable.
Bail Provisions
Offences under Section 319 BNS and Section 66D IT Act are bailable. The accused can apply for regular bail under Section 480 BNSS. For anticipatory bail, Section 482 BNSS applies — the accused can approach the Sessions Court or High Court before arrest. Bail conditions typically include surrendering the passport and appearing before the investigating officer as required. A good strategy is to apply for bail early, before the trial begins.
Quashing of FIR / Case
An FIR for scam calls can be quashed by the High Court under Section 528 BNSS (inherent powers) if no prima facie offence is made out. Common grounds: the complaint is false, the evidence doesn't show cheating, or the matter has been settled. But these offences are non-compoundable, so compromise is not a direct ground. Quashing is a viable strategy only when the FIR is clearly baseless or malicious.
If You Are the Victim
- Don't panic. Hang up immediately.
- Write down the caller's number, the exact time, and what was said.
- Take screenshots of any SMS or WhatsApp messages.
- Report the number on the National Cyber Crime Reporting Portal.
- Block the number and report it as spam to your telecom provider.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN, or driving licence).
- Call logs showing dates, times, and numbers.
- Screenshots of any messages or WhatsApp chats.
- Recorded call audio (if legally obtained).
- Bank statements if any transaction occurred.
- Any emails or links received from the caller.
- Your telecom provider's spam report.
- Copy of the cybercrime portal acknowledgment.
What Evidence Is Required?
- Call records or phone logs from your device.
- Screenshots of SMS, WhatsApp, or social media messages.
- Audio recordings of the call (where legally permissible).
- Your own written statement with a timeline of events.
- Any link or attachment received — don't open it, but save the URL.
- Bank transaction proofs if you lost money.
- Police complaint acknowledgment or FIR copy.
How the Police Behave in Such Cases
Cybercrime police are now better trained to handle digital fraud. They will ask you to file an online complaint first. They'll trace the SIM card details, IP addresses, and social media profiles. Expect them to ask for call records and screenshots. Some stations may try to dismiss small-value cases — that's where a lawyer's intervention helps. But in well-evidenced cases, they take it seriously.
Timeline of Legal Process
- Day 1-7: File complaint online or at police station. Police register FIR or zero FIR.
- Week 2-8: Investigation begins. Police collect call records, trace numbers, and question suspects.
- Month 2-3: Chargesheet filed in court if evidence is sufficient.
- Month 3-6: Court takes cognizance and frames charges.
- Month 6-12: Trial — witnesses, evidence, arguments.
- After trial: Judgment. If guilty, sentencing. Appeals can take longer.
How Long Will the Investigation Take?
Cyber fraud investigations usually take 2 to 3 months for a simple case. If the fraud ring is interstate or uses VPNs and spoofed numbers, it may take 6 months or more. The police must file a chargesheet within 60-90 days for bailable offences, or the accused can get 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?
Technically, no — because offences like cheating by personation are non-compoundable. The state pursues the case even if you recover your money. However, if the accused returns the money and you express no objection, the court may consider this as a mitigating factor during sentencing. Mediation is not available for criminal offences. But for civil recovery of money, you can file a separate case in a civil court or consumer forum, which can be settled through compromise or Lok Adalat.
Common Mistakes People Make
- Engaging an advocate who does not regularly handle cybercrime cases — domain-specific experience matters for evidence handling and portal procedure.
- Deleting call logs or messages before reporting the scam.
- Sharing OTPs, bank details, or Aadhaar number — even once.
- Calling the scam number back to argue or threaten.
- Posting about the scam on social media before filing a complaint, which can alert the fraudsters.
- Waiting too long to report — evidence can disappear, and SIM cards get deactivated.
FAQs People Normally Have
Can I sue the telecom provider for not blocking scam calls?
You can file a consumer complaint if the provider fails to act after repeated reports. But the primary liability lies with the scammer, not the telecom company.
What if the scammer is calling from a normal mobile number?
Report it to the cybercrime portal and to your telecom provider. They can disconnect that SIM based on fraudulent usage.
Is it safe to use call-blocking apps?
Yes, but be careful about privacy. Apps like Truecaller access your contacts. Read the permissions carefully.
Can I get back money sent to a scammer?
Maybe. If you report within hours, the bank may freeze the account. The police can also trace the money. But recovery is not guaranteed.
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 advocate 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.