One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a resident of City A, came across an advertisement on X.marketplace for a X.brand Galaxy phone model priced at Rs 44,000. The seller, Mr.Y, had posted images showing minor screen damage, which seemingly justified the significantly reduced price. Through messaging platform communication, Mr.Y assured that all functions worked perfectly despite the cosmetic damage. He demanded full payment upfront, claiming urgent sale requirements. Mr.X, trusting the seller’s assurances and attracted by the low price, transferred the entire amount. After payment, Mr.Y became unreachable, blocking all communication channels. The promised mobile phone never arrived, leaving Mr.X defrauded of Rs 44,000. Investigation revealed the seller used fake identity documents and multiple fraudulent accounts across various online platforms to conduct similar scams targeting unsuspecting buyers.

Advice in Such Cases

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 to 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.

File an immediate cyber crime complaint with local police and cyber crime cell. Preserve all digital evidence including screenshots, transaction records, and communication history. Contact your bank to report the fraudulent transaction and explore chargeback options. Report the incident to the online marketplace platform to prevent further scams by the same seller.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonestly inducing delivery of property. Section 319 covers cheating by personation, applicable when fraudsters use fake identities. Section 61 addresses criminal conspiracy if multiple persons are involved. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 governs investigation procedures for cyber crimes. The Information Technology Act, 2000, Section 66D specifically addresses punishment for cheating by personation using computer resources, carrying imprisonment up to three years and fine up to one lakh rupees.

If You Are the Complainant

• File FIR immediately at the nearest police station or cyber crime cell with all supporting documents
• Compile comprehensive evidence including transaction receipts, screenshots of advertisements, and communication records
• Provide complete bank details and transaction trail to investigating officers for fund tracing
• Maintain detailed timeline of events from initial contact to fraud discovery
• Follow up regularly with investigating officer and maintain case diary for progress tracking

If You Are the Victim

• Immediately report to cyber crime helpline 1930 and file online complaint on cybercrime.gov.in portal
• Contact bank fraud department within 24 hours to freeze suspicious accounts and initiate chargeback process
• Document all evidence systematically including transaction records, communication screenshots, and advertisement details
• Report the fraudulent seller to the online marketplace platform for account suspension and prevention of future scams
• Seek legal consultation for civil recovery options alongside criminal proceedings for comprehensive remedy

How the Police Behave in Such Cases

Police typically register cases under cyber crime sections and transfer investigation to specialized cyber crime units. They may request technical analysis of digital evidence and coordination with banks for transaction tracing. Investigation involves examining IP addresses, device details, and payment gateways used by fraudsters. Police often seek cooperation from online platforms for account details and transaction histories. Response time varies significantly depending on case complexity and jurisdictional coordination requirements.

FAQs People Normally Have

Can I recover my money? Recovery depends on timely reporting and successful account freezing. Banks may offer chargeback options within specific timeframes.

How long does investigation take? Cyber crime investigations typically take 6-12 months depending on case complexity and inter-state coordination requirements.

Should I file civil case also? Yes, civil recovery suits can run parallel to criminal proceedings and may provide faster monetary relief through court orders.

Will the fraudster be arrested? Arrest depends on successful identification and location of accused persons, which requires extensive digital forensics and coordination.

What Evidence Is Required?

• Original advertisement screenshots with seller contact information and product details
• Complete WhatsApp or messaging app conversation history with timestamps
• Bank transaction receipts and payment gateway confirmations
• Account statements showing debited amount and transaction reference numbers
• Email communications and any additional correspondence with seller
• Screenshots of seller’s profile and previous transaction history if available
• Any audio or video calls recordings if conducted during transaction process

How Long Will the Investigation Take?

Cyber crime investigations typically require 8-12 months for completion. Initial FIR registration and evidence collection take 2-4 weeks. Technical analysis of digital evidence requires 3-6 months. Inter-state coordination for suspect identification adds additional time. Court proceedings for final conviction may extend timeline to 2-3 years depending on case complexity and legal challenges filed by accused persons.

Advocate Sudhir Rao, Supreme Court of India