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: Once an online financial fraud complaint is filed, the police may conduct a preliminary inquiry before registering an FIR. The investigating officer can summon the accused, freeze bank accounts, and initiate recovery — but you must actively follow up. If the police fail to act, legal options include approaching senior officers or the magistrate directly.
Arjun Mehta, a 29-year-old marketing professional from Lucknow, lost Rs 45,000 in an instant. He had responded to an OLX listing for a discounted smartphone. The seller seemed genuine over PhonePe. Two days after that transfer, the number was switched off. Arjun, panicked, registered an online complaint on the National Cyber Crime Reporting Portal. He got an acknowledgement ID. Then silence. No call, no follow-up. For three weeks, nothing. He tried visiting the local police station. The officers nodded politely and told him to “wait for the cyber cell.” He didn’t know what to do next. That’s when he approached the Chamber of Advocate Sudhir Rao. The earlier attempt had stalled; nobody was picking up the thread. Advocate Sudhir Rao’s office analysed the transaction trail, identified the correct jurisdictional cyber police station in Lucknow, and crafted a meticulous complaint accompanied by a formal legal notice. Within 48 hours of that filing, the police registered an FIR under Section 66D of the Information Technology Act and Section 318 of the BNS. And here’s the thing — because the complaint was structured with precise evidence, the investigating officer moved fast. The bank account was frozen. The money was recovered in under four weeks. Advocate Sudhir Rao’s deep understanding of cyber fraud procedural nuances — something general practitioners often miss — turned an ignored online complaint into a live, actionable case.Key Facts of the Case
- Arjun Mehta transferred Rs 45,000 via PhonePe to a seller on OLX for a Samsung phone.
- After payment, the seller’s phone was switched off; no product was delivered.
- A cyber complaint was filed on the NCRP portal, generating an acknowledgement ID, but no police action followed for three weeks.
- The client initially approached the local station but received no guidance on jurisdiction or next steps.
- Advocate Sudhir Rao’s office prepared a formal complaint under Section 66D IT Act and Section 318 BNS, leading to prompt FIR registration.
- The police froze the fraudster’s bank account, and the full amount was recovered within a month.
The Direct Legal Answer
Here’s what happens once you file a cyber complaint — and what you should do at each stage.
What would happen next? Would police reach out to the person?
After you get the acknowledgement, the complaint is routed to the relevant cyber police station. An Investigating Officer (IO) will review the material. They may conduct a preliminary enquiry — calling you for documents, verifying bank statements. Then the IO decides whether to register an FIR. Once an FIR is registered, the police can summon the accused, freeze accounts, and begin recovery. But the pace depends heavily on how you follow up. It isn’t automatic.
Should we visit any police station? Or just wait?
Don’t just wait. Visit the cyber police station that has jurisdiction — usually the one in the city where you reside or where the transaction originated. The complaint automatically goes to a station linked to your address on the portal, but physically visiting that station and meeting the IO dramatically speeds things up. If you’re in a different state now, you can communicate with the IO over phone and email, but you cannot simply walk into any random station — they won’t have jurisdiction.
What if there is no action? How do I know if action is taken?
Track your complaint on the NCRP portal. If weeks pass with no FIR, approach the SHO of the station. Still nothing? You can write to the Deputy Commissioner of Police or the Superintendent of Police of the district, invoking your right under Section 173(4) of the BNSS. And if that fails, you can move the magistrate under Section 175(3) BNSS to direct police registration. The system has layers. You just need to activate them.
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.
Time is everything. The faster you report, the easier it is to trace money before it’s layered across accounts. Don’t delete chats or call logs — screenshot everything. And this category of case requires an advocate who regularly handles cyber crime. Procedural familiarity with the IT Act and evidence handling in electronic fraud is critical; a general practitioner often misses the urgency of freezing accounts.
Applicable Sections of Law
- Section 318 BNS — Cheating; covers dishonest inducement leading to property delivery.
- Section 319 BNS — Cheating by personation; pretending to be someone else to defraud.
- Section 66D of the Information Technology Act, 2000 — Cheating by personation using computer resource; specifically designed for online frauds.
- Section 43 IT Act — Unauthorised access or damage to a computer system; auxiliary charge in data theft cases.
Punishment and Penalties
Under Section 66D IT Act, the offence is punishable with imprisonment of up to three years and a fine. The offence is cognizable (police can arrest without warrant) and bailable. For cheating under Section 318 BNS, simple cheating attracts up to one year’s imprisonment and a fine, while the aggravated form under Section 318(2) — where the cheating causes wrongful loss — can extend to five years. If the fraud amount is substantial, the police may club provisions. Conviction leaves a permanent criminal record.
Jurisdiction — Where to File the Case
The cyber complaint should be filed in the cyber police station having territorial jurisdiction — that’s typically where you reside, where your bank account is maintained, or where the fraudulent transaction was initiated. Online portal submissions automatically route to the station linked to your address. If you need to file a physical FIR, approach the jurisdictional police station or the district’s cyber cell. For court proceedings, the magistrate of that territorial division hears the case. Jurisdiction matters because filing in the wrong district can lead to dismissal or transfer delays.
What if Police Refuse to File FIR?
- Submit a written complaint to the Station House Officer (SHO). If they still refuse, get a written refusal.
- Approach the Superintendent of Police (SP) of the district under Section 173(4) BNSS and demand an FIR.
- File a private complaint directly before the jurisdictional magistrate under Section 175(3) BNSS. The magistrate can order investigation.
- As a last resort, approach the High Court under writ jurisdiction (Article 226) for inaction.
Rights of the Accused
- Right against self-incrimination under Article 20(3) — cannot be forced to give a statement that may be used against them.
- Right to legal representation under Article 22 and to be informed of the grounds of arrest.
- 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, as the offence under Section 66D IT Act is bailable.
Bail Provisions
Offences under Section 66D IT Act are bailable, meaning the accused has a right to bail upon furnishing a bail bond with or without sureties. The police officer at the station can grant bail. However, if additional non-bailable sections like criminal breach of trust are invoked, the accused may need to apply for regular bail before the magistrate under Section 480 BNSS. Anticipatory bail under Section 482 BNSS is available if there is apprehension of arrest in a non-bailable offence. Since the primary charge here is bailable, immediate custody is unlikely.
Quashing of FIR / Case
The High Court can quash an FIR under Section 528 BNSS if it finds no prima facie offence, the complaint is frivolous, or there’s an abuse of process. In cyber fraud matters, quashing is rarely done at the outset unless the transaction dispute is purely civil in nature. If the parties settle and the offence is compoundable (which many IT Act offences are, with court permission), a joint petition for quashing on the basis of compromise is often favourably considered.
If You Are the Victim
- Report the fraud immediately to your bank and request a freeze of the beneficiary account.
- Preserve all digital evidence — screenshots, chat logs, payment receipts — before anything gets deleted.
- File a complaint on the NCRP portal (cybercrime.gov.in) and note the acknowledgement ID.
- Follow up physically with the assigned cyber police station within 3–4 days of filing.
- Never speak to the fraudster after the complaint; let the police or your advocate handle communication.
Documents You Must Keep Ready
- Identity proof — Aadhaar card, PAN card.
- Bank statement showing the disputed transaction.
- Screenshots of the conversation with the seller/fraudster (WhatsApp, OLX chat, etc.).
- Payment confirmation from PhonePe, Google Pay, or the relevant UPI app.
- Copy of the advertisement or listing that induced the payment.
- Any email or SMS from the cyber portal acknowledging the complaint.
- Written details of timelines: when you paid, when you realised it was fraud, when you reported.
What Evidence Is Required?
- Electronic record of the transaction — it’s primary evidence under Section 65B of the Indian Evidence Act, now the BSA 2023.
- Chat transcripts, emails, call recordings — securely stored and certified.
- Bank statements and UPI logs showing the beneficiary’s account details.
- IP address logs and login records, if accessible.
- Photographs or screenshots of fake profiles or ads.
- Witness statement from anyone who saw the transaction or communication.
- Certificate under BSA from the device owner confirming the evidence is unaltered.
How the Police Behave in Such Cases
Don’t expect a dramatic chase. Cyber police are overburdened. An online complaint alone often gets buried. But when you walk in with a structured complaint and legal backing, the dynamic changes. The IO will likely call you for verification, ask you to swear an affidavit, and then issue notices to banks. If the account is in a cooperative bank or a payment wallet, tracing can be slow. Patience and persistent follow-ups — with politeness — work much better than aggression.
Timeline of Legal Process
- FIR Registration: 0–15 days from complaint, depending on whether preliminary enquiry is needed.
- Investigation and freezing of accounts: 1–4 weeks after FIR.
- Arrest/Search: Variable; if the accused is local, within weeks.
- Chargesheet filing: Ideally within 60–90 days from FIR under BNSS; extensions possible.
- Trial: 6 months to 2 years in magistrate court for a straightforward cyber fraud case.
- Recovery of money: May happen during investigation or after conviction. Sometimes it’s returned upon bail.
How Long Will the Investigation Take?
In a typical online financial fraud with a traceable bank account, the investigation can conclude within 60 to 90 days of the FIR. The police primarily rely on bank transaction records and KYC details. If the fraudster used mule accounts or layered multiple transfers, it may stretch to six months or more. A proactive complaint with all evidence upfront compresses this timeline.
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. Many cyber fraud cases get resolved without a full trial. If the accused returns the money, the victim can agree to compound the offence with the court’s permission under Section 77A of the IT Act. Once compounded, the criminal proceedings end. Even before the FIR, the advocate can issue a legal notice demanding repayment — and in many instances, the fraudster refunds under the threat of prosecution. Settlement works well when the amount is modest and the accused wants to avoid an arrest warrant. But never settle directly without an advocate; you may lose leverage.
Common Mistakes People Make
- Waiting too long to file a complaint — money moves fast; a 24-hour delay can mean it’s already withdrawn.
- Deleting chats, call logs, or payment confirmations in a panic — that’s your primary evidence.
- Approaching random police stations that lack jurisdiction, wasting crucial days.
- Speaking directly to the fraudster after filing the complaint — they intimidate or trick victims into withdrawing.
- Engaging an advocate who does not regularly handle cyber crime matters — they often mishandle the technicalities of electronic evidence and the urgency of freezing accounts, which can lead to irretrievable loss.
- Assuming an online acknowledgement alone is enough — you must physically follow up and assist the IO with documentation.
FAQs People Normally Have
I’m in a different state now. Can I file the complaint here?
You can initiate it online, which routes to the cyber station near your permanent address. For physical follow-up, you may need to travel or coordinate through a local advocate. You cannot force an unrelated police station to investigate.
How will I know if the police actually did something?
You’ll receive SMS or email updates from the NCRP portal if the complaint progresses. The IO may call you for a statement. Absent both, visit the station and ask for an update — you have the right to know the status.
Is it possible to get my money back if the fraudster refuses?
Yes. Freezing the bank account is the most effective step. If the money is still there, the court can order its return under Section 357 BNSS upon conviction, or even during investigation with a magistrate’s order.
Do I need a lawyer for a cyber complaint?
Not strictly for filing, but once the police stall or the money is not recovered, a lawyer who understands the IT Act and criminal procedure makes a massive difference in guiding the investigation and applying for account freezes.
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.