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

A few days ago, Mrs. Sunita, a diligent coordinator for a community welfare program in the city of Alipur, received a phone call from an unknown number. The caller posed as a high-ranking official from the state’s main welfare department. He used specific jargon and mentioned details related to her work, which made his claims seem legitimate. He instructed Mrs. Sunita to initiate a conference call with a program beneficiary, Mr. Verma, for an urgent account verification process. The pretext was that Mr. Verma’s account had a balance that needed immediate confirmation for continued benefits.

Trusting the caller’s authority, Mrs. Sunita connected him with Mr. Verma. During this conference call, the scammer manipulated Mr. Verma into divulging confidential banking details. As a result, a sum of Rs. 75,000 was fraudulently debited from Mr. Verma’s account. Following the incident, Mr. Verma has implicated Mrs. Sunita in the fraud. Upon reporting the matter to the police, they have initiated an investigation but have also alarmingly suggested that if the funds are not recovered, Mrs. Sunita may be held responsible for repaying the amount. This has put Mrs. Sunita in a precarious situation, turning her from a mere intermediary into a secondary victim of the crime.

Advice in such cases

Navigating such a complex situation where you are unintentionally involved requires a careful and strategic approach. The primary goal is to clearly establish your innocence and status as a victim yourself.

• Do Not Panic or Admit Fault: The police or the other party might pressure you to accept partial responsibility or agree to a settlement. Do not admit any fault or make any promises to pay money. Your cooperation was exploited by a criminal.
• Document Everything: Immediately write down a timeline of events. Note the date and time of the call, the scammer’s phone number, what was said, and the sequence of actions. Preserve any call logs or messages.
• File a Formal Complaint: Even if the primary victim has filed a complaint, you should also file a separate written complaint with the police. Explain your role clearly and state that you were also deceived and are a victim of the scammer’s impersonation and manipulation.
• Inform Your Department: If you are a government or private employee, immediately inform your superiors in writing about the incident. This creates an official record and shows transparency.
• Cooperate with the Investigation: Provide all the information you have to the police to help them trace the actual culprit. This includes the scammer’s phone number and any other details you can recall.
• 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

In such cyber fraud cases, several provisions of Indian law are applicable. The focus is on the new criminal laws.

• Bharatiya Nyaya Sanhita, 2023 (BNS): This new penal code replaces the IPC. Relevant sections include:
  • Section 316 (Cheating by personation): The scammer committed this offence by pretending to be a government official.
  • Section 318 (Cheating and dishonestly inducing delivery of property): This applies to the act of deceiving the victim to transfer money.
  • Section 61 (Criminal Conspiracy): The police might investigate if there was a conspiracy. Your lawyer’s role would be to prove you were not a part of any such conspiracy.
• Information Technology Act, 2000: This act specifically deals with cybercrimes.
  • Section 66C (Punishment for identity theft): The scammer used the identity of a fake official.
  • Section 66D (Punishment for cheating by personation by using computer resource): This is directly applicable as the fraud was committed using a communication device.

If you are the complainant

If you are the person who has lost money, like Mr. Verma in this story, time is of the essence.

• Immediate Bank Notification: Report the fraudulent transaction to your bank immediately to block the card/account and initiate a chargeback request if possible.
• National Cyber Crime Reporting Portal: File a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) or by calling the helpline number 1930. This should be done as quickly as possible to enable law enforcement to try and block the transfer of funds.
• Police Complaint: File a detailed FIR (First Information Report) at the nearest police station. Provide all evidence, including bank statements showing the debit, the scammer’s number, and the intermediary’s (like Mrs. Sunita’s) details and her role in the incident.
• Preserve all communication: Keep records of all calls and messages with the bank, police, and any other involved parties.
• 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 Mrs. Sunita’s position, unintentionally caught in the middle, your legal strategy is to prove the absence of criminal intent (mens rea).

• No Criminal Liability Without Intent: Indian criminal law is based on the principle that a person cannot be held criminally liable without a guilty mind. You were deceived and acted under the false pretense created by the scammer.
• File a Proactive Complaint: As mentioned earlier, file your own police complaint detailing how you were impersonated and manipulated. This positions you as a victim, not an accomplice.
• Anticipatory Bail: In a worst-case scenario, if the police are uncooperative and you fear being wrongly arrested, your lawyer may advise filing for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• No Civil Liability to Pay: You are not civilly liable to repay the money. The loss was caused by a criminal act of a third party. Any suggestion by the police to “settle” the matter by paying is legally incorrect and amounts to pressuring a victim.
• 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

Police response can vary. Initially, some officers might be dismissive or try to push for a quick “compromise” to reduce their caseload. They might see the intermediary as an easy target to resolve the complaint from the primary victim. It is crucial to remain firm and legally assertive. A lawyer’s intervention can often make the police take the matter more seriously and focus their investigation on the actual perpetrator. Persistent follow-up, often through a legal representative, is key to ensuring the investigation proceeds correctly.

FAQs people normally have

What evidence is required?

The more evidence you can provide, the stronger your case will be. Key pieces of evidence include:

• Call records from your service provider showing the scammer’s number and the time of the call.
• Bank statements of the victim showing the fraudulent transaction.
• A copy of the complaint filed on the cybercrime portal.
• A copy of the FIR filed with the police.
• Any text messages or WhatsApp chats exchanged.
• A written, chronological account of the incident.

How long will the investigation take?

Cybercrime investigations can be prolonged. Tracing the scammer often involves tracking digital footprints across different states, obtaining information from telecom companies and banks, and navigating complex technical challenges. It can take several months to a year or even longer. Patience and regular follow-up with the investigating officer are essential. An experienced lawyer can help in filing applications to expedite the investigation or to get status updates from the concerned authorities.

Advocate Sudhir Rao, Supreme Court of India