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

Mr. Alok, a resident of Jayanagar, found himself in a perplexing situation. He received a payment of ₹5,000 through a UPI transaction on the 15th of August. Shortly after, he was contacted by a Mr. Bhaskar, who claimed the transaction was made in error as part of a fraudulent scheme and that he had already filed a complaint on the National Cyber Crime Reporting Portal. Mr. Bhaskar proposed a simple solution: if Alok returned the money, he would immediately withdraw the complaint. Eager to avoid legal trouble, Alok transferred the ₹5,000 back to Bhaskar. However, after receiving the money, Bhaskar stopped responding to Alok’s calls and messages. To Alok’s dismay, he soon discovered that his mobile number had been blocked by the authorities due to the pending cybercrime complaint, severely disrupting his personal and professional life. He urgently needed to get his number unblocked to proceed with resolving the false complaint against him.

Advice in such cases

Navigating such a situation requires a calm and methodical approach. The primary goal is to prove your innocence and cooperate with the authorities to get the restrictions lifted.

• Do not panic. The blocking of a mobile number or bank account is often a preliminary step taken by law enforcement to prevent further financial loss in a potential fraud case.
• Gather all communication records with the complainant, including call logs, chat messages (like on WhatsApp), and any transaction details of both receiving and returning the money.
• Never engage in off-the-record settlements without informing the investigating authorities. Once a complaint is filed, only the police can close it after a proper investigation.
• 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

These cases typically involve provisions from various Indian statutes:

• Bharatiya Nyaya Sanhita, 2023 (BNS): Depending on the specifics, sections related to cheating (Section 318), criminal breach of trust, or extortion (Section 326) could be invoked. If the complainant filed a false complaint, they could face legal consequences.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The procedure for investigation, issuance of notices to appear before the police (Section 35), and the powers of the police to investigate are governed by the BNSS.
• Information Technology Act, 2000: Sections related to identity theft (Section 66C) and cheating by personation using a computer resource (Section 66D) are often relevant in cybercrime cases.

If you are the complainant

If you are a genuine victim of cyber fraud and have filed a complaint:

• Cooperate fully with the police investigation. Provide them with all the evidence you have.
• If the accused person contacts you to return the money, inform the Investigating Officer immediately. Do not agree to a private settlement without police involvement.
• Once the issue is resolved and you have received your money through proper channels, provide a statement to the police so they can proceed with closing the 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

If you are in a situation like Alok, where your number or account is blocked due to a complaint:

• Immediately try to identify which state’s Cyber Crime unit is handling the case. This information is usually available from your mobile service provider or bank.
• Contact the concerned Cyber Crime police station and explain your side of the story. Provide all the evidence you have gathered.
• Draft a formal representation or application, detailing the entire sequence of events, and submit it to the Investigating Officer (IO). Attach copies of your evidence.
• Request the IO to issue a formal notice to unblock your mobile number and/or bank account, stating that you are cooperating with the investigation.
• 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

When a complaint is lodged on the National Cyber Crime Reporting Portal (NCRP), it is forwarded to the police of the relevant state or city where the victim is located. The police are trained to act swiftly to prevent further financial damage. Their first step is often to issue directives to banks and telecom operators to freeze the accounts and mobile numbers that received the allegedly fraudulent funds. This is a precautionary measure. They will then begin their investigation, which involves sending notices under the BNSS to the individuals whose accounts/numbers were involved, asking them to join the investigation and provide their statement.

FAQs people normally have

Why was my mobile number blocked without any prior notice?
Law enforcement agencies can direct telecom companies to block numbers as an immediate preventive measure in cyber fraud cases to stop the chain of transactions. A formal notice to join the investigation usually follows.

The complainant has taken the money back but is now unreachable. What do I do?
This is a critical piece of information for the police. Present the evidence of returning the money to the Investigating Officer. This demonstrates your good faith and points towards the complainant possibly being a scammer themselves. The police will then take steps to trace the complainant.

Can I file a counter-complaint against the person who scammed me?
Yes. Once you present your evidence to the police, you can request them to take action against the original complainant for fraud, extortion, and filing a false police report.

What evidence is required?

To prove your innocence and get the restrictions lifted, you will need to provide clear and concise evidence. This includes:

• Bank statements or UPI transaction history showing the initial credit of money.
• Screenshots of chat conversations (e.g., WhatsApp) or text messages with the complainant.
• Call records showing communication with the complainant.
• Bank statements or UPI transaction history showing the proof of returning the money to the complainant.
• A copy of your government-issued ID and address proof.

How long will the investigation take?

The duration of the investigation can vary significantly. If you are cooperative and provide all the necessary evidence promptly, the police can resolve the matter relatively quickly, sometimes within a few weeks. However, delays can occur if the case is complex, involves multiple jurisdictions, or if the investigating agency has a heavy caseload. A lawyer’s intervention can often help expedite the process by ensuring proper and timely follow-up with the authorities.

Advocate Sudhir Rao, Supreme Court of India