Online Romance Scam: ₹30,000 Lost in Fake Emergency — Legal Steps Even Months Later

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: Yes, even 2–3 months later, you can still file a cybercrime complaint and a police FIR for online fraud. Delay doesn’t extinguish legal rights. The real challenge is tracing the scammer. But with preserved UPI screenshots, chat records, and a specialised advocate guiding the process, recovery is often possible. Urgent action now makes all the difference.

A married homemaker in Jaipur—let’s call her Priya Verma—had a quiet crisis. In late January 2025, she connected with someone online who spun a convincing story, then asked for money for a family medical emergency. Over three weeks, she transferred a total of ₹30,000 on PhonePe. Blocked. Number dead. No trace. She felt stuck. Going to the police meant her husband would know. And she had already delayed nearly two months. A general consultant she spoke to earlier told her it was too late. So when she approached the Chamber of Advocate Sudhir Rao, her biggest fear was that the law had simply left her behind. That’s not how cheating cases work. Preserved evidence matters. Advocate Sudhir Rao and his office immediately moved to file a detailed cybercrime complaint and a legal notice to the scammer’s phone-linked accounts. Using transaction IDs and UPI trail, the office coordinated with the nodal officer of the payment app. The number was traced. The money path surfaced. Advocate Sudhir Rao’s handling of the procedural and jurisdictional nuance—something a non-specialised practitioner might overlook—helped secure a fast-tracked investigation and eventual partial recovery through a settlement, all while keeping Priya’s personal situation confidential.

Key Facts of the Case

• Victim transferred ₹30,000 through PhonePe to a person she knew only by a phone number and a false name, Arjun Mehta.
• The money was requested under a fabricated family medical emergency, creating inducement to deliver property.
• After receiving the money, the person blocked her calls and messages completely.
• Chat records, UPI transaction screenshots, and the scammer’s number were preserved.
• Complaint was filed almost 60 days later—delay was not a bar.
• Advocate Sudhir Rao’s office used the preserved digital evidence to pursue a cybercrime complaint and legal notice, eventually leading to tracing and partial recovery.

The Direct Legal Answer

A delay of 2–3 months doesn’t kill your right to report. The offence of cheating—especially inducing delivery of money through a fraudulent online persona—is a continuing wrong insofar as the deception caused loss and the scammer remains untraced. You can still file a complaint with the cybercrime cell of your city or through the National Cyber Crime Reporting Portal. And yes, the police can register an FIR. The bigger limitation is actually practical: evidence fades. So act now.

But here’s the thing. Since the victim in such matters often shares deeply private chats and fears exposure, handling the complaint with discretion is critical. That’s where a lawyer who understands the evidentiary and privacy angles can secure the process without it blowing up in your face.

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.

Preserve everything—screenshots, call logs, UPI IDs, bank statements. Don’t delete a single message. And don’t confront the scammer or try to trick them into a call without your advocate’s input. It can backfire badly. Because this type of fraud involves electronic records and account tracing, an advocate who handles cybercrime regularly will know exactly what to extract and where to serve legal notices. General practitioners often don’t handle the nodal-officer coordination well, which can stall the entire tracing effort.

And if you fear family pressure or social stigma, discuss it openly with your advocate. The complaint can be structured to keep your identity and personal life protected.

Applicable Sections of Law

• Section 318(4) BNS — Cheating and dishonestly inducing delivery of property (punishes such online fraud).
• Section 336(2) BNS — Cheating by personation using a communication device or electronic platform may attract this provision.
• Section 66D, Information Technology Act, 2000 — Cheating by personation using computer resource; often applied alongside BNS in online scams.
• Section 173 BNSS — Registration of FIR and mandatory reporting of cognizable offences.

Punishment and Penalties

• Section 318(4) BNS: Imprisonment up to 7 years and a fine.
• Section 336(2) BNS: Imprisonment up to 3 years or fine or both.
• Section 66D IT Act: Imprisonment up to 3 years and fine up to ₹1 lakh.
• The offence under Section 318(4) BNS is cognizable and non-bailable.
• Offences under the IT Act are also cognizable and bailable depending on the specific section; 66D is cognizable and bailable.

Jurisdiction — Where to File the Case

The jurisdictional Magistrate (First Class) where the victim resides or where the money was transferred, or where the inducement took place, can entertain the complaint. For an FIR, the cybercrime police station with territorial jurisdiction over your locality or the police station within whose limits the transaction was initiated has authority. If filing through the National Cyber Crime Reporting Portal, the case gets routed to the appropriate state cyber cell. Your advocate will assess the most effective and discreet forum, often choosing the cyber cell in the state capital or the district where the victim lives, to ensure swift registration.

What if Police Refuse to File FIR?

• Submit a written complaint to the Station House Officer (SHO) under Section 173 BNSS. If they refuse, take the complaint receipt number.
• If still refused, approach the Superintendent of Police (SP) of the district under Section 173(4) BNSS, who can direct registration or investigate himself.
• File a private complaint under Section 175(3) BNSS before the jurisdictional Magistrate. The court can order investigation under Section 156(3) BNSS (old CrPC language but corresponding provision exists).
• If all fails, a writ under Article 226 of the Constitution before the High Court can be moved to compel the police to act.

Rights of the Accused

While the victim’s perspective matters most, the accused also enjoys key protections under Indian law, which your advocate will keep in mind:

• Right against self-incrimination under Article 20(3) — no compulsion to be a witness against oneself.
• Right to be informed of grounds of arrest and to consult a legal practitioner of choice under Article 22.
• Right to be produced before a Magistrate within 24 hours of arrest excluding travel time.
• Right to obtain a copy of the FIR and all documents relied upon by the prosecution.
• Right to bail if the offence is bailable, or to apply for regular or anticipatory bail.

Bail Provisions

Section 318(4) BNS is non-bailable, so the police cannot grant bail at the station. The accused must apply for regular bail under Section 480 BNSS before the court. Anticipatory bail can be sought under Section 482 BNSS if there is a threat of arrest. Courts often impose conditions like surrendering passport, marking attendance, or furnishing a personal bond. If the investigation reveals a clear prima facie case, bail may be contested. A skilled cybercrime advocate can argue for proper safeguards and, in many online scam cases, negotiate surrender-cum-bail before the investigation even concludes.

Quashing of FIR / Case

The High Court, under its inherent powers in Section 528 BNSS, can quash an FIR if the allegations do not disclose a cognizable offence or if the prosecution is an abuse of process. Quashing is rare in cheating cases where electronic evidence exists. However, if the parties reach a financial settlement and the victim is compensated, they can jointly move for quashing by showing that the dispute is purely personal and the case is compoundable. This pathway often helps victims recover money faster without a full trial.

If You Are the Victim

• Do not delete any chat, screenshot, or transaction record—preserve them in multiple safe locations.
• Immediately note down all dates, amounts, and UPI transaction IDs in a separate document.
• Approach a cybercrime lawyer before speaking to the police; your advocate will draft a complaint that maximises investigative leverage.
• Do not share details of the scam on social media—it can compromise tracing and give the scammer time to erase digital footprints.
• If you’re married and worried about disclosure, inform your lawyer; complaints can be filed in a way that doesn’t need spousal involvement at the initial stage.

Documents You Must Keep Ready

• Identity proof (Aadhaar, PAN) of the victim.
• All UPI transaction screenshots showing sender, receiver, amount, and date.
• Bank statement highlighting the disputed transfers.
• Chat screenshots or call recordings proving the false emergency.
• Details of the scammer's phone number, name used, and any social media profile links.
• Copy of the complaint filed earlier, if any.
• Details of any witnesses who might have known about the online relationship.

What Evidence Is Required?

• Primary evidence: The original chat logs and UPI app transaction screenshots.
• Secondary evidence: Printouts of the chats certified under Section 65B of the Indian Evidence Act (now Bharatiya Sakshya Adhiniyam) for admissibility of electronic records.
• Bank statements showing the debit entries.
• The scammer’s phone number linked to the UPI ID; a printout of any KYC details if obtainable later through police.
• Any voice notes or call recordings—again, preserved electronically.
• Timeline document prepared by you with exact dates and sequences.

How the Police Behave in Such Cases

Police stations tend to treat online relationship scams with a mix of dismissiveness and curiosity. The first hurdle is convincing the SHO that a crime has indeed happened—because “voluntary transfer” can look like a civil dispute. That’s why your complaint must clearly demonstrate inducement based on a false representation. The cyber cell is more adept. But expect questions about why you delayed. A confident, evidence-backed complaint drafted by a domain-aware advocate often changes the police attitude from reluctant to proactive. Persistence pays.

Timeline of Legal Process

• Day 1-7: Filing of online cybercrime complaint or physical FIR; advocate files legal notice.
• Week 2-6: Police seek details from UPI app nodal officer; summon the accused if traced.
• 1-3 months: If FIR registered, investigation proceeds—bank statement collection, device seizure if needed.
• 3-6 months: Chargesheet filed under Section 318 BNS and IT Act; Magistrate takes cognisance.
• 6-12 months: Framing of charges, followed by trial or pre-trial settlement. Because these cases often settle upon threat of arrest, the practical timeline for recovery can be much shorter.

How Long Will the Investigation Take?

If the FIR is registered promptly and the scammer’s UPI-linked phone number is active, investigation can conclude in 30–60 days. Much depends on the cyber cell’s caseload and the scammer’s location. Even without a physical address, phone-KYC details fetched through the service provider can help identify the accused within weeks. The advocate’s push is often the differentiator.

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?

Absolutely. This is often the fastest route to recovery. Once the accused is traced and a legal notice is served, many scammers panic and offer to return the money to avoid a criminal trial. The offence under Section 318(4) BNS is compoundable with court permission, so a settlement deed and joint petition for compounding can be filed. Even before FIR registration, a pre-litigation settlement through mediation or via the advocate’s direct communication is possible. And you save years of court time.

Common Mistakes People Make

• Waiting too long before acting—digital evidence can be deleted or overwritten by the scammer.
• Approaching the police directly without a prepared complaint, which often leads to a half-baked diary entry instead of an FIR.
• Sharing their story on public forums or social media, tipping off the scammer and making tracing harder.
• Engaging a general practitioner who doesn’t regularly handle cybercrime; such matters demand specific knowledge of UPI tracing mechanisms, IT Act provisions, and Section 65B evidence compliance.
• Failing to preserve metadata—many people screenshot conversations but don’t capture timestamps, phone numbers, or account handles.
• Trying to handle the case while hiding it from a spouse but then blurting out details under police pressure. Your lawyer can shield you from that.

FAQs People Normally Have

I’m married. Will filing a complaint automatically involve my husband?

Not necessarily. You can file a cybercrime complaint solely in your own name. The police don’t summon your spouse unless the investigation specifically requires it, which is rare. Your advocate can keep the entire process discreet.

Can I recover the money without a court trial?

Yes. Once the scammer is traced and a legal notice sends a clear signal about criminal consequences, many return the money and sign a settlement. It’s a pragmatic outcome.

What if I only know the scammer's phone number?

That’s often enough. The police can issue a notice to the telecom operator to get the KYC details associated with that number. The UPI app also holds wallet-account linkage data that leads to a bank account. Tracing starts there.

Is there any time limit for filing a cybercrime complaint for cheating?

Cheating under Section 318(4) BNS doesn’t have a fixed statutory limitation for complaint registration. Delay is not a bar to filing, though it might affect the quality of evidence. So file now, don’t wait.

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.