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

Ms. Sunita, a resident of a small town in Uttar Pradesh, was recently looking for part-time online work when she was approached on a messaging app with an enticing offer. The task was simple: write positive reviews for certain hotels and resorts on a popular search engine. To build trust, the scammers first asked her to invest a small amount. She paid ₹200 and was promptly sent back ₹250 after completing a review. Encouraged, she invested ₹2,000 and received ₹2,800 in return. Believing it to be a legitimate opportunity, she was then persuaded to invest in “premium tasks” that required larger payments. She made two separate transactions of ₹5,000 and ₹15,000. Immediately after the second payment, the scammers ceased all communication and blocked her number. She realized she had been defrauded of a significant amount and was left wondering about her legal options.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act swiftly and methodically. The initial hours after the fraud are critical for any chance of recovering the funds.

• Immediately report the incident on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the toll-free helpline number 1930. This is the most critical first step.
• Contact your bank and the bank where the fraudulent transaction was sent. Inform them about the fraudulent transaction and request them to freeze the amount in the recipient’s account. Provide them with the FIR or cybercrime complaint acknowledgment number.
• Preserve all evidence meticulously. This includes screenshots of the conversations, all transaction details (UPI IDs, bank account numbers, transaction reference numbers), and the mobile numbers used by the fraudsters.
• Do not engage further with the scammers. They might contact you again with new promises to return your money if you pay an additional “processing fee” or “tax.” This is just another layer of the scam.
• 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 offenses under Indian law. The investigation will likely invoke provisions from the following statutes:

• Bharatiya Nyaya Sanhita, 2023 (BNS): This new code addresses such crimes comprehensively.
  • Section 318 (Cheating): This is the primary section applicable, as the fraudsters dishonestly induced the victim to deliver money by deception.
  • Section 316 (Criminal Breach of Trust): If an entrustment of property can be established, this section may also be applied.
• Information Technology Act, 2000: Since the crime was committed using electronic means.
  • Section 66D: This section specifically deals with punishment for cheating by personation by using any communication device or computer resource.

If you are the complainant

If you are helping a friend or family member who has been scammed, your support is invaluable. Here is how you can assist:

• Help the victim stay calm and guide them to act quickly rather than panicking.
• Assist them in gathering and organizing all the necessary evidence, such as screenshots and transaction details.
• Help them file a complaint on the cybercrime portal (cybercrime.gov.in), ensuring all details are entered accurately.
• Accompany them to the local cyber police station if required for follow-up or to provide a physical statement.
• 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, it is important to take control of the situation by taking the right steps.

• Do not blame yourself. These scams are designed by sophisticated criminals to be highly persuasive.
• Immediately follow the reporting procedure by calling 1930 or lodging a complaint online. Time is of the essence.
• Block the scammers on all platforms to prevent any further attempts to manipulate you.
• Be prepared for the legal process. Cooperate fully with the police investigation and provide all information they request.
• 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, especially through the national portal, the police are mandated to take action. A complaint is registered, which may be converted into a First Information Report (FIR). The case is typically assigned to a specialized Cyber Crime Cell. The police will initiate the investigation by trying to trace the money trail. This involves contacting the banks and payment gateways to identify the account holders and freeze the funds if they are still available. They will also conduct a digital investigation to trace the phone numbers, IP addresses, and other electronic footprints left by the criminals. However, victims should be aware that these investigations are often complex and time-consuming, as scammers use a web of mule accounts and operate from different states or even countries.

FAQs people normally have

Is there a real chance of getting my money back?
Recovery of money depends heavily on how quickly the fraud is reported. If the bank can freeze the funds before they are withdrawn or transferred, the chances of recovery are higher. While not guaranteed, prompt reporting significantly improves the possibility.

Should I report the fraud even if the amount is small?
Absolutely. Reporting every incident, regardless of the amount, is crucial. It helps law enforcement agencies identify patterns, link cases, and uncover the larger criminal networks behind these scams.

Will I be in trouble for participating in the “task”?
No, you are the victim of a crime. You were deceived into participating under false pretenses. The law is on your side, and you should not hesitate to report the crime for fear of any legal repercussions against you.

What evidence is required?

To build a strong case, you must provide the police with as much evidence as possible. The key pieces of evidence include:

• A complete record of your bank account statement showing the debited amounts.
• Screenshots of the fraudulent transactions with visible transaction IDs and the recipient’s UPI ID or bank account details.
• All screenshots of the conversation with the scammers from the messaging app (e.g., WhatsApp, Telegram).
• The mobile numbers, usernames, and any other contact information of the fraudsters.
• Any URLs of websites or links provided by the scammers.

How long will the investigation take?

Cybercrime investigations are inherently complex. Scammers use sophisticated methods to hide their identities, including using fake SIM cards, VPNs, and a chain of mule bank accounts to launder the money. Tracing this digital and financial trail requires coordination between multiple agencies, including banks, telecom operators, and police forces from different states. Therefore, an investigation can take several months to over a year. Regular and polite follow-up with the investigating officer is advisable to stay updated on the progress of your case.

Advocate Sudhir Rao, Supreme Court of India