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

Mr. Alok Verma, a marketing professional from the city of Aravalli, was going through his messages one evening when he noticed two unusual SMS notifications. The messages were from an official-looking sender ID, “AX-ARVCOP,” and were addressed to an “Advocate Sameer Sharma.” The first message stated, “Adv Sameer Sharma, Your Application For FIR is Registered as APL No. FIR-APP-98765 on 15-07-2024. Commissioner of Police Aravalli City.” A second message followed shortly, reading, “Adv Sameer Sharma, Your Application APL No. FIR-APP-98765 is Forward To Vidyanagar PS. Commissioner of Police Aravalli City.”

Mr. Verma was confused and slightly alarmed. He was not an advocate and had no connection to any FIR application. A quick online search revealed that Advocate Sameer Sharma was a real lawyer practicing in Aravalli City. It became clear that Mr. Verma’s phone number was likely entered incorrectly into the police database, causing him to receive messages intended for someone else. This situation, while seemingly harmless, raised questions about data privacy, clerical errors in official systems, and potential for misuse.

Advice in such cases

Receiving such a message can be unsettling. It is often the result of a simple clerical error but could also be a phishing attempt. Here is how you should proceed:

• Do not panic. In most cases, this is due to a wrong mobile number being linked to a case file.
• Do not reply to the message or call any number associated with it.
• Avoid clicking on any links if the message contains them, as it could be a phishing scam.
• You can choose to simply ignore and delete the message. If you continue to receive such messages, you may block the sender ID.
• 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

While receiving a misdirected message is not a crime in itself, understanding the legal context is useful. If such messages are part of a scam or harassment, certain provisions of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2000 could become relevant.

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. If the message is a pretext for a scam to defraud you, this section could apply.
• Section 319 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Pertains to cheating by personation. Scammers often use official-sounding names and designations to appear legitimate.
• Information Technology Act, 2000: This Act governs electronic communication and provides penalties for various cybercrimes, including identity theft and phishing.

If you are the complainant

If you are the actual person whose FIR application is mentioned (like the client of Advocate Sameer Sharma in this story), and you learn that notifications are being sent to the wrong number, you should:

• Immediately contact the concerned police station to get the contact details in their records corrected.
• Request them to resend all official communication to your correct mobile number and email address.
• Keep your advocate informed about the discrepancy to ensure there are no communication gaps.
• 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

If you are the unintended recipient of the message (like Mr. Alok Verma), you are a victim of a data mix-up. Your steps should be:

• Preserve a screenshot of the message as a record, should you need it later.
• For a one-time message, the best course of action is often to ignore it.
• If the messages persist, become harassing, or ask for personal information, you should report the matter on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or at the nearest police station.
• 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

The police response depends entirely on the context. If it’s a simple clerical error and they are notified, they will likely just update their records. They will not take any action against the person who received the message by mistake. However, if the message is part of a reported cybercrime or phishing scam, the cyber cell will initiate an investigation to trace the origin of the fraudulent message.

FAQs people normally have

• Am I in legal trouble for receiving this SMS?
  No. Receiving a message by mistake does not create any legal liability for you. You have not committed any offense.
• Could this be a new type of scam?
  It’s possible. Scammers often use official-sounding messages to trick people into revealing personal information or making payments. Always be cautious of unsolicited messages.
• Should I try to contact the advocate mentioned in the SMS?
  This is a personal choice. While it might be a helpful gesture, it is not your responsibility. You can simply ignore the message to avoid any unnecessary involvement.
• What if the message contains sensitive details about a case?
  Do not share the message with anyone. The best practice is to delete it to protect the privacy of the individuals involved in the actual case.

What evidence is required?

If you decide to file a complaint because the messages are persistent or threatening, the primary evidence would be:

• A clear screenshot of the SMS, showing the sender’s ID, the full text of the message, and the date and time it was received.
• Your mobile number on which the message was received.

How long will the investigation take?

If it’s a simple error, there is no investigation. If you file a formal complaint regarding harassment or a potential scam, the investigation timeline can vary. For cybercrime cases, it can take anywhere from a few weeks to several months, depending on the complexity of tracing the digital footprint of the sender and inter-agency coordination.

Advocate Sudhir Rao, Supreme Court of India