If you are stuck in such a situation, here is what to do.
Mr. Arjun, a young adult from a town near Jaipur, finds himself in a complicated and stressful situation. A few days ago, his friend, Mr. Sameer, was approached on a messaging app with an offer for a simple “work-from-home” opportunity. The job involved performing minor online tasks like liking videos on a popular platform. For the initial task, the scammer requested a UPI ID to send a trial payment. For reasons unknown, Mr. Sameer provided Mr. Arjun’s UPI ID, which is linked to his ‘QuickPay’ digital wallet. Consequently, a small amount of money was credited to Mr. Arjun’s account.
Upon discussion, both friends realized this was a well-known online task-based scam. Mr. Arjun is now deeply concerned, as his bank account has been unintentionally used in a fraudulent transaction chain. He has not used the credited money and is worried about the potential legal and financial repercussions for both himself and his friend. He is seeking clarity on the risks involved and the safest course of action to extricate himself from this situation without facing legal trouble.
Advice in such cases
Do Not Use the Money: Do not touch, spend, or transfer the money received from the suspicious source. Leave it in the account as is. This demonstrates a lack of intent to benefit from the fraudulent funds.
Preserve All Evidence: Take screenshots of everything. This includes the messages Mr. Sameer received, the job offer, the scammer’s contact details, and the transaction details showing the credit in Mr. Arjun’s account.
Report Immediately: Proactively report the incident to the National Cyber Crime Reporting Portal by calling the helpline number 1930 or by filing a complaint on www.cybercrime.gov.in. Also, inform your bank or the digital wallet provider (in this case, ‘QuickPay’) about the suspicious credit.
Inform Your Friend: Ensure Mr. Sameer also preserves all evidence and is prepared to cooperate with any investigation. His testimony will be crucial to explaining why your UPI ID was used.
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
In such scams, law enforcement agencies may investigate offenses under the following statutes:
Bharatiya Nyaya Sanhita, 2023 (BNS): Sections related to cheating and fraud are relevant. Section 318 of the BNS, which deals with cheating, and Section 319, which covers cheating by personation, could be invoked against the scammers.
Information Technology Act, 2000: Section 66C (punishment for identity theft) and Section 66D (punishment for cheating by personation by using computer resource) are often applied in cases of online fraud where personal information like UPI IDs are misused.
If you are the complainant
If you or someone you know has lost money to such a scam, you are the complainant. Here is what you should do:
File a Complaint: Immediately call the National Cyber Crime helpline 1930 or file a detailed complaint on the official portal (www.cybercrime.gov.in). Provide all details of the fraud, including how you were approached, the tasks you performed, and the amount of money lost.
Gather Proof: Collect all evidence, such as screenshots of the chats, transaction records of money sent to the scammers, their phone numbers, and UPI IDs.
Inform Financial Institutions: Report the fraudulent transactions to your bank to see if the payment can be stopped or reversed, and to flag the recipient accounts.
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 your account was used to receive scam money without your consent, like Mr. Arjun, you are also a victim in this chain. Your primary goal is to prove your lack of involvement.
Proactive Reporting: Do not wait for the police to contact you. Immediately file a report on the cybercrime portal explaining that your account received a suspicious credit without your consent and you believe it is part of a scam. This creates a record of your innocence.
Inform Your Bank: Write a formal letter or email to your bank’s branch manager, informing them of the unsolicited credit and requesting them to put the funds on hold or take appropriate action. Attach a copy of your cybercrime complaint.
Cooperate Fully: If contacted by the police, cooperate fully and provide all the evidence you have collected. Explain the entire sequence of events involving your friend, Mr. Sameer.
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
When a cyber fraud complaint is filed, the police will register a First Information Report (FIR) under the relevant sections of the BNS and IT Act. The investigation typically involves tracing the money trail. They will track the flow of funds from the original victim’s account to all subsequent accounts. This means that every account holder in the chain, including Mr. Arjun, could be contacted. The police may freeze the bank accounts involved to prevent the funds from being withdrawn. They will summon individuals for questioning to understand their role in the transaction. By being proactive and reporting the incident first, Mr. Arjun can position himself as a witness or a victim of circumstance rather than a potential accomplice.
FAQs people normally have
What evidence is required?
To support your case, whether as a complainant or an unwitting recipient, you will need:
Screenshots of the entire conversation with the scammer.
The scammer’s contact number, UPI ID, or any other provided details.
Bank account statements showing the debit (if you lost money) or the suspicious credit (if your account was misused).
The transaction ID and details of the fraudulent transaction.
A copy of the complaint filed on the National Cyber Crime Reporting Portal.
How long will the investigation take?
The duration of a cybercrime investigation can vary significantly. It depends on factors like the complexity of the case, the number of people involved, whether the scammers are in a different state, and the workload of the investigating agency. Simple cases might be resolved in a few months, but complex, multi-layered scams can take years to investigate and prosecute. Patience and regular follow-ups (through your lawyer) with the investigating officer are key.
Advocate Sudhir Rao, Supreme Court of India