If you are stuck in such a situation, here is what to do.
Mr. Rohan, a resident of the city of Anjangarh, found himself in a predicament after being defrauded in an online transaction. He promptly filed a complaint on the national cybercrime reporting portal. A few days later, he received a call from an officer at the local Vijay Nagar police station. The officer’s tone was unexpectedly stern, and she insisted that Rohan come to the station immediately. She claimed the accused person was present and had agreed to refund the money. Rohan, who was at his workplace in a different part of the city, explained he couldn’t leave right away. He felt uneasy and suspected the officer might be favouring the other party, leaving him confused and seeking guidance on his next steps.
Advice in such cases
Remain Calm and Composed: Do not get intimidated by the tone or urgency conveyed by the police officer. Your response should be respectful but firm.
Request a Formal Notice: A phone call is not a formal summons. You can politely request the officer to send a formal notice under Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which outlines the procedure for requiring the attendance of witnesses.
Never Go Alone: Do not visit the police station alone, especially if you feel the situation is suspicious. It is always advisable to be accompanied by your lawyer or a trusted and assertive family member or friend.
Document Everything: Note down the time of the call, the number from which you received it, the name and rank of the officer (if provided), and the summary of the conversation. This record can be crucial later.
Do Not Commit to a Settlement: Avoid agreeing to any informal settlement over the phone or at the police station without legal advice. The primary role of the police is to investigate the crime, not to mediate a compromise, which may not be in your best interest.
Applicable Sections of Law
Understanding the relevant legal provisions is essential. The new criminal laws of India provide a framework for such situations:
Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. If someone has dishonestly induced you to deliver any property or money, this section is applicable.
Section 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to offences of theft, including online financial fraud which can be construed as a form of theft of funds.
Section 349 of the Bharatiya Nyaya Sanhita, 2023 (BNS): If you feel threatened or intimidated by the officer or the accused to withdraw the complaint or accept an unfavourable settlement, it could amount to criminal intimidation.
Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section empowers a police officer to require the attendance of any person who appears to be acquainted with the facts and circumstances of the case. However, this is typically done through a written order, not a demanding phone call.
If you are the complainant
Be Proactive but Cautious: While you must cooperate with the investigation, you must also protect your rights. Insist on following the due process of law.
Avoid Informal Negotiations: Police stations are often venues for high-pressure, informal “settlements.” The accused might offer a partial refund in exchange for you withdrawing the complaint. This can jeopardize your case and prevent you from recovering the full amount through proper legal channels.
Formalize Everything: If you do visit the station, ensure your statement is recorded accurately. If any money is returned, ensure it is properly documented in writing (e.g., on a receipt or an undertaking) in the presence of your lawyer.
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
Prioritize Your Safety: Your physical and mental well-being is the top priority. Do not put yourself in a vulnerable position by meeting the accused or going to an unfamiliar place alone.
The Police are Investigators, Not Mediators: Remember that the police’s job is to collect evidence and file a charge sheet if a crime is established. They are not authorized to compel you to accept a settlement. Any attempt to do so is beyond their legal mandate.
Assert Your Rights: You have the right to be treated with dignity and to have your complaint investigated fairly. If you feel an officer is biased, you have the right to escalate the matter to their superiors, such as the Assistant Commissioner of Police (ACP) or Deputy Commissioner of Police (DCP).
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
It is common for police officers, who are often overburdened with cases, to seek quick resolutions. They might call both parties to the station to gauge the situation and see if a compromise is possible, as this closes the file faster than a full investigation and trial. Some officers may adopt a stern or intimidating tone to assert authority and pressure the parties into a settlement. While this is sometimes a tactic to resolve minor disputes, it is inappropriate for criminal complaints like fraud. A clear bias towards the accused is a serious red flag that warrants immediate legal consultation.
FAQs people normally have
Do I have to go to the police station based on just a phone call?
Legally, you are not obligated to appear based on an informal phone call. The correct procedure is a written notice under Section 179 of the BNSS. You can politely inform the officer that you will appear upon receiving a formal written notice.Can the police force me to compromise with the accused?
Absolutely not. For cognizable offenses like cheating and cyber fraud, the police cannot force a complainant to settle the matter. Any settlement must be voluntary and, ideally, vetted by your lawyer.What if the officer is biased or rude?
Your first line of defense is to have a lawyer communicate on your behalf. If the behaviour persists, your lawyer can file a formal complaint against the officer with their senior authorities, citing specific instances of misconduct or bias.
What evidence is required?
When you go to the police station (with your lawyer), carry all relevant documents:
A copy of the complaint you filed on the cybercrime portal.
Screenshots of all communications with the accused (chats, emails).
Bank statements or transaction receipts showing the fraudulent transfer.
Any ID or details you have of the accused person or company.
A record of the phone call from the police officer.
How long will the investigation take?
The duration of a cybercrime investigation can vary significantly. It depends on the complexity of the case, such as tracing digital footprints, the location of the accused, and the workload of the cyber cell. The new BNSS emphasizes time-bound procedures, but practical delays are still possible. Regular follow-up by your lawyer can help expedite the process.
Advocate Sudhir Rao, Supreme Court of India