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

Mr. Rohan Mehra, a software developer from Pune, was surprised to see a credit of ₹5,000 in his bank account from an unknown UPI ID. Within minutes, his phone started ringing incessantly. The caller, who identified himself as Sameer, claimed he had mistakenly transferred the money meant for a medical emergency and desperately pleaded for Rohan to send it back. However, Sameer provided a different UPI ID for the return transfer. Sensing something was amiss, Rohan grew suspicious. The caller’s tone soon changed from pleading to demanding, with threats of filing a police complaint against Rohan for theft. This is a classic example of a growing UPI scam designed to panic individuals into making a fraudulent transfer.

Advice in such cases

If you receive an unsolicited payment followed by calls demanding a refund, it is crucial to act cautiously. This is a known scamming technique.

• Do not engage in conversation with the callers. Block the numbers immediately.
• Do not transfer any money back to the original sender or to any new number or UPI ID they provide. Scammers use this to create a trail that implicates you.
• Inform your bank about the unsolicited transaction. Explain the situation and the subsequent harassing calls. Ask them to put the transaction on record.
• Wait for the bank’s instructions. Often, the sender can request a reversal through their own bank’s official channels if the transfer was a genuine mistake.
• 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

This situation involves elements of cheating, extortion, and criminal intimidation, which are covered under Indian laws, including the new Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 318 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with cheating. The scammer’s act of creating a false pretext to induce you to transfer money falls under this category.
• Section 324 of the Bharatiya Nyaya Sanhita (BNS), 2023: If the harassment escalates to threats of injury or filing false cases to compel you to pay, it can amount to extortion.
• Section 352 of the Bharatiya Nyaya Sanhita (BNS), 2023: The act of making threatening and harassing phone calls constitutes criminal intimidation.
• Section 66D of the Information Technology Act, 2000: This law specifically punishes cheating by personation using a computer resource or communication device, which is directly applicable to UPI and mobile phone-based scams.

If you are the complainant

If you are the one who has received the money and are being harassed, you are the complainant in this scenario. You should take the following steps to protect yourself:

• File a formal complaint on the National Cyber Crime Reporting Portal at https://www.cybercrime.gov.in or by calling the helpline number 1930.
• You can also file a written complaint at your nearest police station, specifically with the Cyber Crime Cell, detailing the unsolicited transaction and the subsequent harassing calls.
• Provide the police with all evidence, including transaction details, screenshots, and the phone numbers from which you received calls.
• Inform your bank in writing about the complaint you have filed.
• 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 were panicked by the scammer and transferred money to them, you have become a victim of fraud. Here is what you must do immediately:

• Immediately call the National Cyber Crime helpline number 1930 to report the financial fraud. This initiates a process to try and block the money from being withdrawn by the scammer.
• File a formal complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) within the “golden hour” to maximize the chances of recovering the funds.
• Report the fraudulent transaction to your bank, providing the transaction ID and the details of the scam. The bank can then take steps to trace and potentially freeze the recipient’s account.
• File an FIR (First Information Report) at your local police station under the relevant sections of the BNS and the IT Act.
• 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

The police, especially Cyber Crime units, are now well-versed with such UPI scams. Upon receiving a complaint, they will typically register a case. The investigation will involve tracing the digital trail of the money and the phone numbers used by the scammers. They will coordinate with banks and telecom service providers to gather information. It is important to cooperate fully and provide all necessary information to aid their investigation. While they take these matters seriously, the anonymity provided by digital platforms can make investigations challenging.

FAQs people normally have

• What if I just ignore the calls and keep the money?
  You should not keep money that does not belong to you. While this specific instance is likely a scam, if it were a genuine mistaken transfer, the sender could take legal recourse for its recovery. The best course is to let the bank handle it.
• Can the bank reverse the transaction automatically?
  A UPI transaction is instant and generally irreversible without the consent of the recipient. However, if the sender reports a genuine mistaken transfer to their bank, the bank can contact your bank to facilitate a reversal, but you would need to authorize it. In a scam scenario, you should not authorize anything without legal advice.
• Will I get into legal trouble for receiving this money?
  No, you will not get into trouble for merely receiving an unsolicited payment. Trouble arises only if you appropriate the money knowing it is not yours or if you fall for the scam and transfer it to a fraudster. By reporting the matter, you are acting as a responsible citizen.

What evidence is required?

To build a strong case, you must preserve all digital evidence. This includes:

• Screenshots of the UPI transaction confirmation message or app notification showing the credit.
• A copy of your bank statement highlighting the unsolicited transaction.
• The call log from your phone showing the incoming numbers of the harassers.
• Recordings of the phone calls, if possible and legally permissible in your jurisdiction.
• Any text messages, WhatsApp chats, or other communications received from the scammers.

How long will the investigation take?

Cybercrime investigations are complex and can be time-consuming. The duration depends on several factors, such as the sophistication of the scam, the ability to trace the digital footprint of the criminals (who often use fake accounts and numbers), and inter-state coordination if the scammers are operating from a different location. It can take anywhere from a few weeks to several months. Patience and regular follow-ups with the investigating authorities are important.

Advocate Sudhir Rao, Supreme Court of India