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

Mr. Rohan, a diligent doctor from the city of Navanagar, recently faced a distressing situation. He received a formal notice from the Cyber Crime Unit, summoning him to appear before them. The notice referenced Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 66(D) of the Information Technology Act, 2000.

The allegation was that a mobile number registered in his name was used to commit a financial fraud on an e-commerce platform named ‘SwiftBazaar’. Mr. Rohan was completely unaware of any such activity and had never been involved in any criminal act. The notice, which carried the threat of arrest for non-compliance, came as a profound shock to him and his family. This scenario, where an innocent person’s identity is misused for illicit activities, is becoming increasingly common in the digital age.

Advice in such cases

Receiving a police notice can be intimidating, but it is a procedural step. Here’s how you should handle it:

• Do Not Panic: A notice under Section 35 of the BNSS is a call for inquiry, not a verdict of guilt. The primary purpose is to give you an opportunity to present your side of the story without the police having to resort to an immediate arrest.
• Verify the Notice: First, ensure the notice is genuine. Check for the name of the police station, the investigating officer’s name and designation, a file or crime number, and an official stamp.
• Do Not Ignore the Notice: Ignoring the summons is the worst thing you can do. Failure to appear can lead the police to seek an arrest warrant against you from the court.
• Gather Your Documents: Collect all relevant documents, such as your identity proof (Aadhaar Card, etc.), address proof, and any records related to the SIM card in question, like purchase receipts or monthly bills.
• 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.
• Prepare a Written Statement: With your lawyer’s assistance, draft a clear and concise statement explaining your position. State the facts truthfully and deny the allegations with reasons.

Applicable Sections of Law

Understanding the laws cited in the notice is crucial:

• Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section (formerly Section 41A of the CrPC) mandates the police to issue a notice of appearance to a person against whom a reasonable complaint has been made or credible information has been received. It applies to cases where the arrest is not immediately required.
• Section 66(D) of the Information Technology Act, 2000: This law penalizes cheating by personation through any communication device or computer resource. If someone used your SIM card to pretend to be you and commit fraud, they have committed an offense under this section.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new provision for cheating and dishonestly inducing delivery of property (formerly Section 420 of the IPC). It is often invoked in cases of online financial fraud.

If you are the complainant

If you discover that your identity or SIM card has been misused to commit a crime, you are a victim. In such a scenario:

• File an FIR: Immediately file a First Information Report (FIR) with the police, detailing how your identity was stolen or misused.
• Preserve Evidence: Keep records of any suspicious messages, emails, or transactions that can support your claim.
• Cooperate Fully: Provide the police with all the information they need to track down the actual perpetrators.
• 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

If you have received a notice like Mr. Rohan, you are a victim of identity theft. Here is what you must do:

• 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.
• Comply with the Notice: You must appear before the investigating officer on the specified date and time. It is highly recommended to have your lawyer accompany you.
• Submit Your Written Statement: Hand over your prepared statement and cooperate with the inquiry. Answer questions honestly and stick to the facts.
• Request Acknowledgment: Always take a receiving copy (acknowledgment) for any document or statement you submit to the police. This serves as proof of your cooperation.

How the police behave in such cases

The police are tasked with investigating the crime. They will question you to ascertain the facts and determine if you had any role in the offense. They might ask for your mobile phone for examination. While they are expected to act professionally, having a lawyer present ensures that your rights are protected and that the questioning remains within legal bounds. If your explanation is credible and supported by evidence, the police may choose to treat you as a witness rather than an accused.

FAQs people normally have

Will I be arrested if I go to the police station?

Not necessarily. Complying with a Section 35 BNSS notice is a step to avoid arrest. If you cooperate and the police have no direct evidence against you, they are unlikely to arrest you. An arrest is more probable if you ignore the notice or if incriminating evidence emerges during the investigation.

Do I absolutely need a lawyer to go with me?

While you can legally appear alone, it is strongly advised to go with a lawyer. A lawyer understands police procedures, protects you from self-incrimination, and ensures that the entire process is conducted fairly and as per the law.

What if my SIM card was lost or I gave it to someone else long ago?

Be truthful. If you lost the SIM, state when and where you believe it was lost. If you filed a police complaint about it, provide a copy. If you gave it to someone, provide their details. Your lawyer can help you present these facts in a legally sound manner.

What evidence is required?

To prove your innocence, you should gather the following:

• A copy of the police notice you received.
• Proof of your identity (Aadhaar Card, Voter ID, Passport).
• Proof of your current residence.
• Documents showing ownership of the SIM card and its usage history (mobile bills).
• Any evidence that can establish an alibi, proving you were not involved at the time and place of the crime.
• Bank account statements to demonstrate that you did not receive any proceeds from the alleged fraud.

How long will the investigation take?

The duration of a police investigation varies greatly. It can depend on factors like the complexity of the fraud, the number of people involved, and the evidence available. It may take anywhere from a few weeks to many months. The key is to cooperate fully to help expedite the process and clear your name.

Advocate Sudhir Rao, Supreme Court of India