If you are stuck in such a situation, here is what to do.

Mr. Ramesh Gupta, a retired government employee from the city of Suryanagar, recently fell victim to a sophisticated online investment scam. Seeking to grow his retirement savings, he was lured by promises of exceptionally high returns. The perpetrators convinced him to install a fraudulent mobile application named ‘FortuneBuilder’ and invest a significant sum. Trusting their assurances, Mr. Gupta not only invested his entire life savings but also borrowed a substantial amount from a close friend, bringing the total transfer to over six crore rupees. The funds were transferred through multiple NEFT and RTGS transactions. Within a few days, the app became non-functional, and the scammers’ contact numbers were switched off. It was discovered that the criminals had already withdrawn the entire amount from the destination bank accounts, leaving Mr. Gupta in a state of severe financial distress and potential debt.

Advice in such cases

If you or someone you know faces a similar situation, it is crucial to act immediately, as the first few hours are critical for any chance of recovery.

• Immediately call the National Cyber Crime Helpline number 1930 to report the financial fraud. This initiates a process to try and block the money trail.
• File a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
• Simultaneously, submit a written complaint to your bank and the bank where the money was transferred, providing all transaction details. This is crucial for initiating chargebacks or freezing the recipient accounts.
• File a complaint at the nearest Cyber Crime police station with all the evidence you have gathered.
• 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 of 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.

Applicable Sections of Law

Such cybercrimes involve multiple offences under Indian law. The investigation will likely invoke provisions from the following statutes:

• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the primary criminal code. Relevant sections include Section 316 (Cheating), Section 318 (Cheating with knowledge that wrongful loss may ensue), and Section 319 (Cheating by personation).
• Information Technology Act, 2000: This Act specifically deals with electronic crimes. Key sections are Section 43 (Penalty and compensation for damage to computer, computer system), Section 66C (Punishment for identity theft), and Section 66D (Punishment for cheating by personation by using computer resource).

If you are the complainant

As the person filing the complaint on behalf of yourself or a loved one, your role is to be systematic and thorough.

• Gather and organize all evidence meticulously. This includes bank statements, transaction reference numbers (UTRs), screenshots of the fraudulent app or website, and any communication records (chats, emails, call logs) with the scammers.
• Draft a detailed timeline of events, from the first contact with the scammers to the discovery of the fraud.
• Provide a clear and concise written complaint to the police, attaching copies of all the evidence. Do not submit original documents unless specifically requested.
• Follow up regularly with the investigating officer to know the status of your case.
• 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 of 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.

If you are the victim

Being a victim of such a large-scale scam is traumatic, but your prompt actions can make a significant difference.

• Do not delay. The speed at which you report the crime directly impacts the chances of freezing the stolen funds before they are withdrawn or moved further.
• Preserve every piece of digital evidence. Do not delete any chats, apps, or messages related to the fraud, as they contain vital information for the investigation.
• Cooperate fully with the police and provide them with all the information they require. Your assistance is key to tracing the criminals.
• Be wary of “recovery scams” where other fraudsters contact you promising to recover your lost money for a fee. Do not pay anyone else. Only trust official channels.
• 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 of 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.

How the police behave in such cases

Upon receiving a complaint about a major financial cybercrime, the police, particularly the Cyber Crime Cell, will typically take the following steps. They will register a First Information Report (FIR) under the relevant sections of the BNS and IT Act. The investigating team will immediately contact the nodal officers of the concerned banks to trace the money trail and attempt to freeze the accounts where the funds were credited. Police will use technical analysis to trace the IP addresses of the devices used by the criminals, analyze call data records of their phone numbers, and investigate the fraudulent application or website. However, investigations can be complex as scammers often use mule accounts (accounts of other people, often obtained fraudulently), VPNs to hide their location, and operate from different states or even countries, creating jurisdictional challenges.

FAQs people normally have

What evidence is required?

To build a strong case, you must provide as much evidence as possible. The most crucial pieces of evidence include:

• Bank account statements showing the debited transactions.
• Transaction IDs (NEFT/RTGS/IMPS/UPI reference numbers) for all transfers.
• Screenshots of the fraudulent mobile app, website, and any profiles of the scammers.
• Complete chat history (e.g., WhatsApp, Telegram) and email correspondence with the criminals.
• The mobile numbers used by the scammers to contact you.
• Any documents, like fake ID cards or registration certificates, provided by the scammers.

How long will the investigation take?

The duration of a cybercrime investigation varies significantly depending on the case’s complexity. Tracing money through multiple bank accounts, identifying criminals hiding behind fake identities and technology, and coordinating with multiple agencies across different states is a time-consuming process. It can take anywhere from a few months to over a year. Full or partial recovery of funds is challenging and depends heavily on how quickly the crime was reported and whether the funds could be frozen before withdrawal. While difficult, recovery is not impossible, and a thorough investigation can lead to the arrest of the perpetrators.

Advocate Sudhir Rao, Supreme Court of India