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

In a recent incident from the city of Aryavarta, a young man named Sameer, aged 18, fell victim to a sophisticated online investment scam. He encountered a promotional post on a popular social media app from a group calling themselves “Swift Profits Inc.” The advertisement promised exceptionally high returns, suggesting an investment of a few hundred rupees could yield several thousand in a short time. Lured by the prospect of quick money, Sameer, without consulting his family, proceeded to transfer a total of ₹15,000. The payments were made to three different accounts using QR codes provided by the fraudsters. Immediately after the transactions were completed, the contact numbers provided by “Swift Profits Inc.” were switched off, and their social media profile vanished. Sameer was left with the realization that he had been scammed and was concerned about the possibility of recovering his lost money.

Advice in such cases

If you or someone you know finds themselves in a similar predicament, it is crucial to act swiftly and methodically. Here are the immediate steps you should take:

• Immediately report the fraudulent transaction to your bank, providing them with all the transaction details. Request them to block the recipient’s account and attempt to reverse the transaction if possible.
• File a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the toll-free helpline number 1930. This should be done as soon as possible, ideally within the “golden hour” after the fraud, to increase the chances of blocking the money trail.
• Preserve all evidence. Take screenshots of the fraudulent social media post, any chats with the scammers, the QR codes used, and the transaction confirmation messages or emails.
• File a First Information Report (FIR) at your nearest police station, specifically with their cyber cell, if available. Provide them with a detailed written complaint and all the evidence you have collected.
• 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 online scams involve multiple criminal offenses under Indian law. The primary legal provisions that apply are:

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offense of cheating. The act of deceiving someone to part with their property (money) falls squarely under this provision.
• Section 319 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section specifically addresses cheating and dishonestly inducing the delivery of property. The fraudsters’ actions of creating a false promise of high returns to induce payment are punishable under this section.
• Section 66D of the Information Technology Act, 2000: This law deals with punishment for cheating by personation by using a computer resource. Since the fraudsters used a social media platform and electronic payment methods to execute the scam, this section is highly relevant.

If you are the complainant

As the person filing the complaint, your role is crucial in aiding the investigation. Your primary responsibilities include:

• Organizing all digital evidence in a clear and chronological manner. This includes transaction IDs, bank account statements showing the debits, screenshots of the QR codes, and any communication with the perpetrators.
• Providing a clear and concise statement to the police, detailing the entire sequence of events from when you first saw the advertisement to the point you realized you were scammed.
• Cooperating fully with the investigating officers, providing any further information they may require, and being available for follow-ups.
• 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

As the victim of the crime, your immediate actions can significantly impact the outcome:

• Do not delay. The first few hours are critical. Immediately contact your bank and the cybercrime helpline (1930).
• Do not delete any messages, call logs, or social media interactions with the scammers, as this is vital evidence.
• Be wary of any follow-up communication from individuals claiming they can recover your money for a fee. These are often part of a secondary scam.
• Monitor your bank accounts and other financial instruments for any further suspicious activity.
• 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, the police, particularly the cyber cell, will initiate a standard procedure. They will register an FIR under the relevant sections of the BNS and IT Act. The investigation will focus on tracing the digital and financial trail left by the fraudsters. Since every QR code is linked to a bank account, which in turn is linked to KYC documents (like Aadhaar and PAN cards) and a mobile number, the police have a concrete starting point. They will coordinate with the respective banks to freeze the accounts and obtain the details of the account holders. They will also work with telecom service providers to trace the location and identity associated with the mobile numbers used by the culprits. While the process can be complex, especially if the scammers have used mule accounts, the police have specialized tools and procedures to investigate such crimes.

FAQs people normally have

What evidence is required?

The most crucial pieces of evidence include:

• Bank account statements showing the debit transactions.
• Transaction IDs, UTR numbers, and the date and time of the payments.
• Screenshots of the advertisement, the scammer’s social media profile, and all chat conversations.
• The mobile numbers used by the fraudsters.
• Any other details you might have, such as email addresses or websites they provided.

How long will the investigation take?

The duration of a cybercrime investigation can vary greatly. It depends on several factors, including the complexity of the case, the number of banks and states involved, and the sophistication of the fraudsters. Tracing the money through multiple accounts and identifying the ultimate beneficiary can take time. While simple cases might be resolved in a few months, more complex ones involving interstate gangs can take significantly longer. Patience and regular follow-ups with the investigating officer are key.

Advocate Sudhir Rao, Supreme Court of India