UPI Scam During Medical Treatment for Mother: Legal Steps and Police Procedure

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 man lost nearly ₹85,000 to a UPI fraud while desperately seeking treatment for his ailing mother. He initially struggled to get the police to act. After consulting a specialist, the FIR was registered under BNS cheating and identity theft provisions, bank accounts were frozen, and a significant portion of the money is now on track to be returned.

A young professional in Indore, let’s call him Kunal, was scrolling through Instagram late one evening in early September 2025. His mother had been battling a chronic liver condition. Traditional medicine offered limited relief. He came across a profile of a wellness influencer — a woman who promoted Baidyanath’s ayurvedic formulations and claimed remarkable recoveries. Desperate, Kunal tried to reach her through the account. And here’s the thing — he couldn’t. He spotted a phone number in the comments section. A user had posted it, saying it was the influencer’s direct line for urgent consultations. Kunal called. The voice on the other end was warm. Reassuring. The person discussed his mother’s symptoms in detail, prescribed a special “customised kit”, and pushed for immediate payment to begin the treatment. Kunal made two UPI transfers totalling ₹85,000 that same day, to an account held at HDFC Bank. Then came the third request — more money, faster, because the “patient’s vitals were dipping.” That’s when Kunal’s alarm bells went off. He checked the original profile’s highlights. No phone number. He messaged the influencer directly. She never responded. The number in the comment was a fraud. Kunal immediately called his bank to block the beneficiary account and filed a complaint on the National Cyber Crime Reporting Portal. But when he visited the local police station in Indore the next morning, the officer on duty was dismissive. “Online fraud, difficult to trace.” No FIR was registered. Frustrated, Kunal approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao immediately identified the offences — Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023 — and prepared a detailed complaint explicitly referencing the mandatory nature of cognizable offence registration under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita. Armed with a well-drafted application, a demonstration of the preserved electronic evidence, and a clear demand for an FIR, Advocate Sudhir Rao’s team ensured that the SHO’s resistance dissolved. Within hours, an FIR was registered under the appropriate BNS sections. A follow-up application under Section 106 BNSS to the jurisdictional Magistrate ensured swift issuance of directions to the bank and the nodal officer of the payment platform. Two days later, the fraudulent accounts were frozen. The investigation is now active, and the recovery process is underway. Advocate Sudhir Rao’s expertise in digital fraud and the new procedural laws made the difference — where a general approach had stalled, a focused, technically sound strategy forced the system to respond.

Key Facts of the Case

• Kunal made two UPI payments of ₹85,000 to an impersonator claiming to represent a Baidyanath-affiliated wellness influencer.
• The fraud was discovered when a third urgent payment was demanded; the number in the Instagram comment was fake.
• Immediate steps: bank notification, Cyber Crime portal complaint, and evidence preservation.
• Initial police reluctance in Indore: no FIR registered on the first visit.
• Advocate Sudhir Rao’s office intervened, citing mandatory FIR registration under Section 173(1) BNSS for cognizable offences.
• Offences applied: cheating by impersonation (Section 319(2) BNS) and cheating with dishonest inducement (Section 318(4) BNS).
• A Magistrate’s order under Section 106 BNSS froze the fraudulent bank accounts within 48 hours.
• Kunal’s swift action and preserved digital evidence prevented the funds from being withdrawn or layered.

The Direct Legal Answer

What should I expect when I go to the police station?

Expect initial scepticism. Online financial fraud is common, and officers often try to avoid registering an FIR. But you aren’t asking for a favour. You’re reporting a cognizable offence. Walk in with a written complaint, all evidence in an indexed file, and a clear demand for a Zero FIR or a regular FIR. The officer must register it under Section 173(1) BNSS; refusal without valid reasons is unlawful.

Will they register my complaint/FIR, or is there a different process for online financial fraud?

This is ordinary cheating, identity theft, and dishonest inducement — all cognizable offences under the BNS. There’s no separate “online fraud” registration path. An FIR is mandatory. After registration, the investigation proceeds under Chapter XIII BNSS. The Cyber Crime cell may get involved if the amount is large or the network inter-state, but the local police station retains primary responsibility.

Is there anything specific I should carry or ask for?

Carry printed screenshots of the chats, UPI transaction IDs with timestamps, your bank statement, the Instagram profile URL, the fraudulent phone number, and your Aadhaar/PAN. Ask for a stamped acknowledgment of your complaint. If the police hand you a “complaint receipt” instead of an FIR copy, that’s a red flag — insist on the FIR number and a free copy.

What additional steps should I take to improve the chances of recovering my money or ensuring proper investigation?

Contact your bank’s nodal officer immediately to flag the transaction as fraudulent and request blocking of the beneficiary account. File a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) the same day. Preserve all original devices. Do not delete the chats. Then engage an advocate who regularly handles digital fraud — the procedural nuance of freezing orders under Section 106 BNSS and the evidentiary value of electronic records under the Bharatiya Sakshya Adhiniyam, 2023 can mean the difference between recovery and permanent loss.

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.

Act within the first 24-48 hours. The money moves fast. A delay lets fraudsters withdraw funds or layer them through mule accounts. Simultaneously, write a formal letter to the branch manager of your bank with transaction details and request a chargeback or reversal under the RBI’s October 2022 circular on harmonised TAT for failed transactions. And here’s the crucial part — preserve all electronic evidence in its original format. Screenshots are good; screen recordings are better. Courts and investigators often reject evidence if the metadata or chain of custody is questionable. A specialist advocate knows how to secure this evidence for prosecution. This type of matter involves the intersection of the BNS, the BNSS, the BSA, and RBI guidelines — a general practitioner may miss critical technical linkages that affect the entire outcome.

Applicable Sections of Law

The primary criminal provisions invoked in UPI impersonation scams are Section 318(4) of the Bharatiya Nyaya Sanhita (cheating by dishonestly inducing delivery of property), Section 319(2) (cheating by personation), and Section 336(3) (forgery for the purpose of cheating, if forged documents or identities were used). The Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates FIR registration under Section 173(1) for cognizable offences. Section 106 BNSS authorises a Magistrate to order production of documents, freezing of accounts, and other measures during investigation. Section 175(3) BNSS provides for complaint to the Magistrate if the police refuse to register an FIR. Under the IT Act, 2000, Section 66D (cheating by personation using computer resource) may also apply alongside BNS offences.

Punishment and Penalties

Section 318(4) BNS provides imprisonment up to three years, or fine, or both. Section 319(2) BNS carries imprisonment extending up to seven years and fine. If forgery under Section 336(3) BNS is established, it carries imprisonment up to two years or fine. All these offences are cognizable and non-bailable. They are compoundable with the permission of the court in limited circumstances, but until the money is recovered, that’s rarely advisable. The IT Act section 66D also prescribes imprisonment up to three years and fine up to one lakh rupees.

Jurisdiction — Where to File the Case

The FIR should be registered at the police station within whose territorial limits the victim resides or where the loss occurred — in Kunal’s case, the local police station in Indore where he first approached. Because UPI fraud often involves inter-state bank accounts, the concept of “Zero FIR” under Section 173 BNSS applies: the police cannot refuse citing lack of jurisdiction; they must register and transfer it to the appropriate station. The trial will typically be conducted by the Judicial Magistrate First Class having territorial jurisdiction over the place where the offence was committed or where part of the cause of action arose. Jurisdiction matters because filing in the wrong place leads to delays and possible dismissal.

What if Police Refuse to File FIR?

Police refusal is not the end. Your options are clear, sequential, and effective:

• Approach the Superintendent of Police: Under Section 173(4) BNSS, send a written complaint by post or in person if the SHO refuses. The SP must investigate or direct registration.
• File a private complaint before the Magistrate: Section 175(3) BNSS allows you to move the Magistrate directly with a sworn complaint. If cognizable, the Magistrate can order investigation or registration.
• High Court writ: In extreme cases, a writ of mandamus under Article 226 can compel police to act.

None of these steps require you to wait indefinitely. A specialist advocate can draft these applications with the correct jurisdictional citations and annexures, saving weeks of directionless follow-ups.

Rights of the Accused

If you are accused of involvement in such a scam, the Constitution and the BNSS protect you:

• Right against self-incrimination: Article 20(3) — you cannot be compelled to give evidence against yourself.
• Right to legal representation: Article 22(1) and Section 39 BNSS — you can consult a lawyer of your choice immediately upon arrest.
• Right to production before Magistrate within 24 hours: Article 22(2) and Section 42 BNSS — including the time of journey.
• Right to copy of FIR: Section 173(2) BNSS mandates a free copy of the FIR.
• Right to know grounds of arrest: Section 47 BNSS requires the arresting officer to inform you of the grounds.

Bail Provisions

Cheating under Section 318(4) BNS, though non-bailable, does not attract an automatic denial of bail. The court considers the gravity, the amount involved, and flight risk. Regular bail under Section 480 BNSS can be sought before the CJM/JMFC. Anticipatory bail under Section 482 BNSS is available if you apprehend arrest — you must demonstrate cooperation with investigation and absence of criminal antecedents. Bail conditions typically include surrendering passport, not tampering with evidence, and not contacting victims. Because the offences are non-bailable, a swift bail strategy prepared by an advocate familiar with the local court’s approach is critical.

Quashing of FIR / Case

If the FIR is malicious or fails to disclose a prima facie offence, the High Court may quash it under Section 528 BNSS, which preserves the inherent powers of the Court. Common grounds: no element of cheating (just a civil dispute), abuse of process, or compromise in compoundable matters. In UPI fraud, if the accused genuinely returns the full amount and the victim agrees to settle, the matter is compoundable with court permission, and the FIR can be quashed. This is a nuanced area — misapplied quashing petitions without genuine settlement can backfire and strengthen the prosecution’s case.

If You Are the Victim

Your immediate priority is stopping the money flow and locking evidence. Do this:

• Call your bank’s fraud helpline within minutes. Ask to freeze the beneficiary account and initiate a chargeback.
• File an online complaint at cybercrime.gov.in immediately — it generates an acknowledgment number that helps with police follow-up.
• Visit the police station with a written complaint and all evidence. Do not leave without an FIR number or, at worst, a stamped receiving.
• Engage an advocate who understands digital evidence and the new BNSS procedure — early strategic moves can freeze funds before they vanish.
• Do not delete any chats or UPI notifications. They are primary evidence under the Bharatiya Sakshya Adhiniyam.

Documents You Must Keep Ready

• Aadhaar card and PAN card (for identity verification).
• Bank account statement of the last 15 days showing the disputed transactions.
• Screenshots of the UPI payment confirmations with transaction IDs and timestamps.
• Full chat transcripts with the fraudster (screenshots and screen recordings).
• Instagram profile URL, screenshots of the comments section, and the fraudulent phone number.
• Cyber crime portal complaint acknowledgment printout.
• Written complaint addressed to the SHO (multiple copies).
• Any voice call recordings, if available.

What Evidence Is Required?

• UPI transaction records: Bank statement or UPI app history showing the beneficiary VPA, amount, and UTR number.
• Digital communication: Chats, call logs, screen recordings — these establish the inducement and impersonation.
• Screenshots of the Instagram comment: Showing the fraudulent number posted.
• Cyber portal complaint: Acknowledgment number and PDF of the complaint.
• Certificate under Section 63 BSA: For electronic records to be admissible without needing to prove ownership of the device, a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam is essential. This is often overlooked.
• Bank correspondence: Email or letter to the bank’s nodal officer requesting blocking.
• Witness statement: Any family member who witnessed the calls or transactions.

How the Police Behave in Such Cases

In most Indian police stations, online fraud is seen as a low-priority, high-effort annoyance. The officer may suggest you “go to cyber cell” or that the money is “gone.” They’ll ask if you know the accused — if not, they consider it anonymous and difficult. This is where a well-prepared complaint and persistence count. Once an FIR is registered, the investigation usually involves sending notices to the bank and the payment service provider. Under Section 106 BNSS, an application to the Magistrate can accelerate directions. Don’t be surprised by initial delays. But a professionally drafted complaint and follow-up by an advocate changes the police tone considerably — accountability becomes real when the law is cited correctly.

Timeline of Legal Process

• Immediate (Day 0–2): FIR registration, bank blocking requests, and Magistrate’s freezing order under Section 106 BNSS if pursued promptly.
• Week 1–2: Investigation begins. Police issue 91 BNSS notices to banks and Instagram’s nodal officer for KYC details.
• Month 1–3: Chargesheet filed (or closure report if accused untraceable). If the fraudster is identified, arrest may follow.
• Month 2–4: Cognizance taken by Magistrate. Framing of charges. Trial commences.
• Month 6–12 (trial): Evidence recorded under BSA. Judgment delivered. If guilty, the court may order restitution of the defrauded amount under Section 394 BNSS.
• Post-judgment: Appeal to Sessions Court within 30 days, if needed.

How Long Will the Investigation Take?

For UPI fraud where the accused is not immediately identifiable, expect 60–90 days for a chargesheet. If the trail is clear and the bank responds quickly to 106 BNSS orders, it could be as short as 30–45 days. However, multiple jurisdictions and uncooperative platforms can stretch it to 4–6 months. The police have 90 days for non-bailable offences before default bail becomes available under Section 187(2) BNSS.

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?

Settlement is possible but must be approached with care. Cheating under Section 318(4) BNS is compoundable with the permission of the court. If the accused returns the full amount before the chargesheet is filed, the victim can agree to compound. The process requires a joint compromise petition before the Magistrate. Mediation isn’t common in straight fraud cases, but Lok Adalat can be used if the matter is already in court and both sides consent. However, early settlement without an FIR can backfire — many victims accept a partial refund only to see the accused vanish with the rest. A settlement should always be documented and filed in court, never informal.

Common Mistakes People Make

• Delaying the complaint: Waiting even a day allows fraudsters to withdraw money. Report within hours.
• Deleting chats or UPI notifications: Thinking it’s “useless” evidence. It’s primary. Keep everything.
• Filing an online complaint and stopping: The cyber portal is a reporting tool, not a substitute for an FIR. Many assume it suffices — it doesn’t.
• Trusting a generic lawyer without digital fraud experience: Such cases need precise freezing orders, BSA electronic evidence compliance, and IT Act interplay. A lawyer who doesn’t regularly handle cyber fraud may miss the narrow window for recovery and inadvertently weaken the case.
• Not preserving the phone: Resetting or trading in your device destroys metadata; the court may reject the evidence.
• Engaging with the scammer after discovery: Trying to “trap” them or demand money back over chat can muddy the chain of evidence and be used against you.

FAQs People Normally Have

Can I recover the money if the beneficiary account has already been emptied?

It gets harder but isn’t impossible. The police can trace the subsequent transfers. If the fraudster’s identity is established, the court can order restitution under Section 394 BNSS or a separate fine. Recovery becomes civil if the criminal trail goes cold, but an active FIR increases pressure significantly.

What if the police say it’s a civil matter because I “voluntarily” transferred the money?

Wrong. Voluntary transfer induced by impersonation and false representation is the very definition of cheating under Section 318(4) BNS. If the police refuse to register an FIR on this ground, you have a strong case for a complaint to the Magistrate under Section 175(3) BNSS.

Is it safe to file the complaint from my home town, or should I go to where the scammer’s bank account is?

You can file a Zero FIR from your local police station. The BNSS eliminated the jurisdiction barrier for registration. Your home town police must register it and transfer it to the appropriate station. Filing in the scammer’s city isn’t your burden.

Will my bank refund the money automatically?

Banks follow the RBI’s limited liability circular; if you reported within 3 working days of the transaction, your liability may be zero, but it depends on whether the fraud was due to your negligence (e.g., sharing OTP). If the bank delays, the Banking Ombudsman can step in. But automatic refunds are rare without police and court intervention.

Do I need a cyber expert or a criminal lawyer?

A criminal lawyer with digital evidence expertise is what you need — someone who understands both the BNSS procedure and the IT Act. Domain-specific experience ensures that the complaint is drafted to trigger immediate freezing orders and that all evidence is BSA-compliant.

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.