Impersonating Police Officer for Cyber Fraud – Legal Remedies Explained

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: Calls from someone claiming to be a police officer threatening a home raid for a cybercrime case you know nothing about are almost certainly scams. Do not pay any money. Verify any FIR number by calling the local cyber police station directly. File a complaint with the cyber crime portal and at your local police station. The law is on your side – these fraudsters use fear to exploit you.

The client, a resident of Nagpur, received a call from a number with an unknown location. The caller said he was an officer from the Indore Police Cyber Cell. He claimed a serious cybercrime case – linked to a SIM card registered in the client's brother's name – was three months old. He used intense pressure. Threatened a raid at their home. Demanded the brother travel over 600 km to Indore. Refused to give any station address or case details. Gave a 14-digit number that kept changing – first he called it an FIR number, then a "reference number". The family was terrified. They tried calling the national cyber helpline – no real help. They approached the Chamber of Advocate Sudhir Rao after another lawyer they consulted told them simply to "ignore the call" without any plan. That wasn't enough – the psychological pressure was crushing them. Advocate Sudhir Rao assessed the situation quickly. He understood this was not a real police investigation. Real police officers follow procedure – they don't demand travel over phone, they don't refuse to give a station address. The approach was clear: verify the FIR, file a cross-complaint for impersonation, and give the family concrete steps to stop the harassment. His office drafted a formal complaint to the local cyber police and also reported the number on the national cyber portal. The specialised handling – knowing exactly how real investigations work versus how scammers operate – secured the family's peace of mind far faster than a general practitioner could have. Here's what you need to know.

Key Facts of the Case

• The caller impersonated a police officer – a crime under the BNS 2023.
• No physical summons or notice was ever sent. Real police procedures require written notices.
• The caller refused to verify his identity or provide a genuine station address or phone number.
• The 14-digit number was inconsistent – first called an FIR number, then a reference number – a classic scam tactic.
• The threat of a "home raid" over a phone call is not how legitimate police investigations work.
• The family's panic was exploited; the scammers relied on fear to prevent rational verification.
• The client's local cyber police confirmed no such FIR existed after a direct check.

The Direct Legal Answer

You have two problems here: a scam call and the fear it creates. Both have legal answers.

Can a police officer make you travel 600 km over the phone like this?

Absolutely not. A legitimate police investigation involves a written notice or summons. An officer cannot, over a phone call, demand you travel to another city. This is a major red flag.

Is this a real cybercrime case?

Almost certainly not. Scammers use fake FIR numbers to create panic. The real FIR system is digital – a verifiable number from the CCTNS. You can verify any FIR by calling the local police station of the district mentioned. This caller gave a random 14-digit number that kept changing. That's proof of fraud.

Should I pay or send money to stop the "raid"?

Never. No genuine police officer will ask for money to stop a raid. That is extortion. Paying confirms you are an easy target. Instead, file a complaint yourself for impersonation and extortion.

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.

Beyond the lawyer, here are practical things you can do yourself. First, remain calm – panic is what scammers bank on. Second, never share any personal or financial information over the phone to an unknown caller. Third, hang up and independently call the local police station of the district the caller claimed to be from. Use a phone number from their official website – not the one the scammer gave you. Finally, report the call on the national cyber crime portal (cybercrime.gov.in).

This type of scam requires an understanding of how real police procedures work versus how scammers operate. A general practitioner may not know the precise way to verify an FIR or the correct format for a complaint to the cyber cell. An advocate who regularly handles cyber fraud cases will get the paperwork right and help you navigate the system efficiently.

Applicable Sections of Law

This case involves several criminal provisions under the Bharatiya Nyaya Sanhita (BNS) 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. The scammer is guilty of impersonating a public servant under Section 205 BNS. The demand for money or the threat of a raid amounts to extortion under Section 308 BNS. Since the call was to induce fear of harm, it also qualifies as criminal intimidation under Section 351 BNS. Using a telecommunication network to cheat falls under Section 318 BNS for cheating. Additionally, the entire act is a cyber crime under the Information Technology Act, 2000 – specifically Section 66D for cheating by impersonation using a computer resource.

Punishment and Penalties

The punishment for impersonating a public servant under Section 205 BNS can be imprisonment up to three years or fine, or both. Extortion under Section 308 BNS carries a maximum punishment of imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Criminal intimidation under Section 351 BNS can lead to imprisonment up to two years, or fine, or both. Cheating under Section 318 BNS carries up to three years of imprisonment and fine. These offences are generally cognizable (police can arrest without warrant) and non-bailable (bail is not a matter of right). They are mostly non-compoundable, meaning the parties cannot simply settle the case privately – the state pursues it.

Jurisdiction – Where to File the Case

Jurisdiction can be tricky in cyber fraud. The call originated from one location, the scammer might operate from another, and you are in a third. Under Section 177 BNSS and the Information Technology Act, you can file a complaint at your local police station where you received the call or suffered the loss. That's your home police station. For the cyber crime portal, the jurisdiction is national – you file online. If you need to file a formal written complaint, go to the cyber police station of your district. If the local police refuse, you can approach the Superintendent of Police or file a private complaint before a Magistrate having territorial jurisdiction based on where the call reached you.

What if Police Refuse to File FIR?

Sadly, some local police stations may call this a "minor issue" or refuse to take a written complaint. Here is what to do:

• Approach the Superintendent of Police (SP) of your district under Section 173(4) BNSS if the officer-in-charge refuses.
• File a private complaint before a Judicial Magistrate (First Class) under Section 175(3) BNSS. The Magistrate can order an investigation.
• As a last resort, file a writ petition before the High Court for a direction to register the FIR.
• Always keep a copy of your written complaint with a received stamp or acknowledgement. That proves you tried to report it.

Rights of the Accused

Important: In a scam like this, you are the victim, not the accused. But scammers often try to make you feel like a suspect. Know your rights if the police ever contact you genuinely:

• Right to remain silent under Article 20(3) of the Constitution – you are not required to be a witness against yourself.
• Right to legal representation under Article 22(1) – you can have a lawyer present during any questioning.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2).
• Right to a copy of the FIR and to know the grounds of arrest – these are mandatory under BNSS.
• Right to bail when the offence is bailable – which this impersonation scam is not, but if you are genuinely a victim, you should never be arrested in the first place.

Bail Provisions

The offences in this scam are non-bailable (except for some lesser sections). For impersonation and extortion, bail is not a matter of right. However, if a genuine victim is wrongly named in a counter-complaint, they can apply for anticipatory bail under Section 482 BNSS. This is a pre-arrest bail order. Getting it requires showing the court that you have no criminal intent and that the allegations are false. Regular bail under Section 480/483 BNSS is applied for after arrest. The court will consider the nature of the offence, evidence, flight risk, and criminal antecedents. For a first-time victim of a scam, bail conditions are usually minimal – like a personal bond and surety.

Quashing of FIR / Case

If someone files a false or malicious counter-complaint against you in this situation, quashing the FIR is a powerful remedy. The High Court has inherent powers under Section 528 BNSS to quash an FIR if it is an abuse of the process of law. Grounds include: no prima facie offence is made out, the allegations are absurd or inherently improbable, or the case is based on a complete misunderstanding of facts. Quashing is also possible when the parties have genuinely compromised in compoundable offences – but extortion is not compoundable. If you are the victim, you may not need to quash anything. But if scammers somehow got a complaint filed against you, this is your route. Always involve a domain-expert lawyer for quashing petitions – the procedural nuances are significant.

If You Are the Victim

• Do not pay any money or share any OTP or UPI details – that's the scammer's goal.
• Hang up immediately. Do not engage in arguments – they are trained to manipulate you.
• Note down the caller's phone number, the time of the call, and any details they shared (like the fake FIR number).
• Report the call on the national cyber crime portal (cybercrime.gov.in) and file a written complaint at your local police station.
• Inform your family and friends – scammers often target people who are isolated and panicked.

Documents You Must Keep Ready

• Your Aadhaar card or other government photo ID.
• Phone bills or SIM card registration details if the SIM is used by someone else in the family.
• Screen recordings or screenshots of the call log and any messages from the scammer.
• A written statement of what exactly the caller told you – including threats, numbers, and names.
• A copy of your complaint to the cyber portal (take a screenshot of the acknowledgement).
• Any bank transaction records if you unfortunately made a payment.

What Evidence Is Required?

• Phone call logs showing the scammer's number and duration of call.
• Audio recordings (if legal in your state with consent – better to have independent verification).
• Screenshots or SMS of any threatening messages.
• Your own affidavit or sworn statement detailing the entire conversation and the psychological pressure used.
• Bank statements if any fraud transfer was made.
• Any public records showing the scammer's number is associated with other complaints.
• Primary evidence is best – like a direct recording. Secondary evidence includes your written complaint and call data records from the telecom provider.

How the Police Behave in Such Cases

Let's be honest – police response to cyber fraud can be inconsistent. Some stations are well-trained and will take your complaint seriously, especially for impersonation cases under BNS. Others may be dismissive, calling it a "minor call" or saying they cannot trace the number. This is why a written complaint is crucial. If the local police refuse, you escalate to the SP or the cyber cell. Do not let them brush you off. The cyber cells in major cities like Mumbai, Bangalore, Delhi, and Hyderabad are more equipped. But in smaller cities, persistence and a lawyer's letter often make the difference.

Timeline of Legal Process

• Day 1: Receive scam call. Immediately hang up, note details, and file complaint on cybercrime.gov.in.
• Day 1-3: Visit your local police station and file a written complaint. Get an acknowledgement.
• Week 1-2: If FIR is registered, investigation begins. Police may try to trace the number through the telecom provider.
• Month 1-3: Police submit a report to the Magistrate if they find a traceable suspect. Most scammers use spoofed numbers and foreign servers – so investigation may hit a dead end.
• Months 3-12: If suspect is identified, chargesheet is filed. Trial begins. For impersonation cases, the trial can be relatively quick – 6 to 12 months in a fast-track court.
• Appeals can take longer. But the main goal for you is stopping the harassment and ensuring no money is lost. That can happen in days, not months.

How Long Will the Investigation Take?

Cyber fraud investigations vary wildly. If the scammer used a legitimate Indian number, tracing and arrests can happen in weeks. But most scammers use number spoofing or voice-over-IP from international servers – that's nearly impossible for local police to trace quickly. A realistic timeline is 3 to 6 months for a chargesheet if a suspect is found. In many cases, the investigation remains open because the trail goes cold. Your complaint still creates a record and may be used by other victims or in pattern analysis.

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?

In a criminal case of impersonation and extortion, the state is the prosecuting party, so private settlement is not an option for quashing the offence. However, if you mistakenly paid money and want recovery, that civil aspect can be settled. The criminal aspect – the scammer's guilt – cannot be "settled" out of court. That said, if you file a complaint and the scammer is identified, they may offer to return the money to avoid prosecution. This is a practical settlement method, but it is not a "compromise" in legal terms. For any pre-litigation settlement, a mediation or Lok Adalat approach could help in limited recovery aspects.

Common Mistakes People Make

• Panicking and paying money immediately to "resolve" the fake case. This is the scammer's only goal.
• Engaging in a long phone conversation with the scammer – they are trained to manipulate and extract information.
• Sharing personal details like Aadhaar number, bank account details, or OTPs during the call.
• Not noting down the caller's number, the fake FIR number, or the time of the call – evidence gets lost.
• Engaging a general practitioner who does not regularly handle cyber fraud cases. The procedural steps – like filing on the cyber portal, knowing how to verify an FIR with the CCTNS system, and drafting the correct legal notice to the telecom provider – are specific. A domain-expert advocate will handle the evidence chain properly and navigate police resistance faster, protecting your rights from day one.
• Posting about the scam on social media with the phone number visible – that can invite more scammers or compromise privacy.

FAQs People Normally Have

My caller gave me a 14-digit FIR number. How do I check if it's real?

Real FIRs are registered in the CCTNS (Crime and Criminal Tracking Network System). You can call the district police station directly (use a number from their official website) and ask them to verify the FIR number. It's a straightforward process. If the number is fake, they will tell you immediately.

Can a police officer really raid my home for a cybercrime case?

Yes, but only after following due process – a written search warrant from a Magistrate, a recorded procedure, and a written notice. A phone call threatening a raid is illegal and is a clear sign of a scam.

I already paid some money. What do I do now?

Immediately approach your bank to try reverse the transfer. Report to the cyber crime portal and file an FIR. The scammer is still committing an offence. You may not recover the money, but you stop further loss and create a record that could help others.

What if the police at my local station refuse to take my complaint?

Speak to the Station House Officer (SHO) first. If they refuse, write a letter to the Superintendent of Police (SP) of your district. If that also fails, file a private complaint before a Judicial Magistrate under Section 175(3) BNSS. Don't give up.

Is it safe to ignore these calls?

Yes, after you have confirmed it's a scam. But first, verify. Do not ignore the possibility that it could be a real case. If it's a scam, hanging up is the safest response. If it's real, you need to engage a lawyer. Verification is key.

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 Delhi criminal defence lawyer — 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.