Mr. Alok Verma, a resident of a quiet neighbourhood in a city called Anandpur, received an unsolicited call one afternoon. The caller, posing as a representative from ‘Apex Premium Cards’, offered him an exclusive, lifetime-free ‘Dynasty’ credit card. To process the application, the caller convincingly asked Mr. Verma for the details of his existing credit card for verification purposes. Trusting the caller’s professional demeanour, Mr. Verma sent images of his ‘Global Trust Bank’ credit card, which unfortunately included the CVV number. Within minutes, his phone was flooded with transaction alerts. A sum of approximately ₹3.5 lakhs had been siphoned off his account across three separate international transactions. He immediately contacted his bank to block the card and initiated a dispute resolution process, but was left wondering about the legal recourse available and the likelihood of recovering his hard-earned money.

Advice in such cases

• Immediately block the credit/debit card by contacting your bank’s customer service or using their mobile app. This prevents further fraudulent transactions.
• Report the incident to the bank’s official fraud reporting desk. Note down the complaint reference number or service request number for all future correspondence.
• 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 to enable law enforcement to try and block the money trail.
• Visit the nearest police station with a specialized Cyber Crime Cell and file a written complaint, which will be converted into a First Information Report (FIR).
• 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 financial frauds typically involve provisions from multiple statutes. The primary laws applicable would be:

• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new penal code of India.
  • Section 318 (Cheating): As the fraudster dishonestly induced the victim to share sensitive financial information.
  • Section 319 (Cheating by Personation): The accused pretended to be a representative of a legitimate company.
• Information Technology Act, 2000:
  • Section 66C (Punishment for identity theft): Using someone’s unique identification feature or password fraudulently.
  • Section 66D (Punishment for cheating by personation by using computer resource): The entire fraud was perpetrated using communication devices and computer resources.

If you are the complainant

• Preserve all evidence meticulously. This includes the phone number of the fraudster, call recordings if any, screenshots of messages, and bank transaction alerts.
• Draft a detailed written complaint for the police, outlining the sequence of events with dates, times, amounts, and any other relevant details.
• Provide the police with copies of your identity proof, address proof, and the bank statement highlighting the fraudulent transactions.
• Follow up consistently with both the bank regarding the chargeback process and with the investigating officer at the police station for updates on 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.

If you are the victim

• Your first priority is to limit the damage. Act swiftly to block cards and report the incident through all available channels (Bank, Cyber Portal, Police).
• Do not delete any communication from the fraudster, as it is crucial digital evidence for the investigation.
• Cooperate fully with the bank’s internal investigation and provide any documents or information they require for the dispute resolution process.
• Maintain a file with copies of all complaints filed, acknowledgements received, and correspondence with the bank and police.
• 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

With the rise of cybercrime, police departments, especially in metropolitan areas, have become more adept at handling such cases. Typically, upon receiving a complaint, the police will register an FIR under the appropriate sections of the BNS and the IT Act. The case is then assigned to an investigating officer, often from a specialized Cyber Crime Cell. The investigation involves technical analysis, such as tracing the call data records (CDRs) of the fraudster’s number and, more importantly, tracking the money trail. They will issue notices to banks and payment gateways to get details of the accounts where the money was transferred. While the police are generally cooperative, the sheer volume of cases can lead to delays, and persistent follow-up by the complainant or their lawyer is often necessary.

FAQs people normally have

What evidence is required?

• A copy of the bank statement showing the fraudulent debits.
• The transaction IDs of the fraudulent transactions.
• SMS alerts received from the bank for these transactions.
• The mobile number of the fraudulent caller.
• A copy of the complaint filed on the National Cyber Crime Reporting Portal.
• Any other communication, such as WhatsApp messages or emails, exchanged with the fraudster.

How long will the investigation take?

The duration of a cybercrime investigation is not fixed and can vary significantly. It can range from a few months to over a year. The timeline depends on several factors, including the complexity of the fraud, whether the criminals are located in a different state, the speed of response from banks and other financial intermediaries in providing data, and the overall caseload of the investigating agency. Tracing and apprehending the accused and recovering the money is a challenging and often time-consuming process.

Advocate Sudhir Rao, Supreme Court of India