Mr. Rohan, a resident of the city of Alipur, recently fell victim to a sophisticated financial scam. He was cleverly manipulated into paying a credit card bill of over ₹75,000 belonging to an unknown fraudster. The payment was processed for a credit card issued by “Global Finance Bank.” Upon realizing he had been deceived, Mr. Rohan took immediate action. He filed a complaint on the National Cyber Crime Reporting Portal, lodged a First Information Report (FIR) with the Alipur City Police, and notified his own financial institution, “Apex Bank.” Despite submitting all necessary claim forms and contacting Global Finance Bank, he was directed back to his source bank, leaving him feeling helpless and unsure of how to recover his funds.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act swiftly and systematically. The initial hours are critical for tracing the funds and increasing the chances of recovery.

• Immediately report the fraudulent transaction to your bank to have the transaction frozen if possible and to log an official complaint.
• File a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930.
• Lodge an FIR at your nearest police station. This is a mandatory step for any legal proceedings and a thorough investigation.
• Preserve all evidence related to the scam, including transaction details, screenshots of any communication with the scammer, and reference numbers of all complaints 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.

Applicable Sections of Law

Such financial frauds are covered under various provisions of Indian law, primarily focusing on cheating, fraud, and cybercrime. The new criminal laws have specific sections to address these offenses:

• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS deals with the offense of ‘Cheating’. If the scammer impersonated someone else to deceive you, Section 319 (Cheating by personation) would also be applicable.
• Information Technology Act, 2000: Section 66D of this Act specifically punishes cheating by personation using a computer resource or a communication device.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The procedural aspects of filing an FIR, police investigation, and collection of evidence are governed by the BNSS.

If you are the complainant

As the person initiating the legal process, your role is crucial in ensuring the investigation moves forward effectively.

• Provide a detailed, chronological account of the incident in your police complaint. Include every piece of information, no matter how insignificant it may seem.
• Submit all documentary evidence, such as bank statements highlighting the transaction, the scammer’s credit card number (if visible), and any contact information you have.
• Regularly follow up with the investigating officer at the police station for updates on your case.
• 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

Beyond the legal formalities, taking care of your financial and mental well-being is paramount.

• Immediately change passwords and PINs for all your financial accounts to prevent further unauthorized access.
• Keep a dedicated file to store copies of all complaints, correspondence with banks and police, and any other relevant documents.
• Be wary of follow-up scams where fraudsters might contact you pretending to be from the police or a recovery agency, asking for more money to get your original amount back.
• Consider filing a consumer complaint before the appropriate Consumer Dispute Redressal Commission against the bank if you can establish a ‘deficiency in service’ on their part.
• 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

Upon receiving a complaint, the police are mandated to register an FIR for a cognizable offense. In cases of cyber fraud, the case is often transferred to a specialized Cyber Crime Cell. The police will attempt to trace the money trail by contacting the banks and payment gateways involved. They will also try to identify the scammer using the digital footprints left behind, such as IP addresses, mobile numbers, or account details. However, these investigations can be complex and time-consuming, especially if the scammer has used multiple layers to hide their identity.

FAQs people normally have

What evidence is required?

The most crucial pieces of evidence include:

• Your bank account statement showing the debited amount.
• Transaction ID or reference number of the fraudulent transaction.
• Screenshots of any calls, chats, or messages from the scammer.
• The credit card number or any other details of the beneficiary account you paid to.
• A copy of your complaint filed on the cybercrime portal and the FIR.

How long will the investigation take?

The duration of a cybercrime investigation varies significantly. Simple cases might be resolved in a few months, but complex ones, especially those involving multiple states or sophisticated techniques to hide digital trails, can take much longer. The recovery of money is not guaranteed and depends on how quickly the fraud was reported and whether the funds could be frozen before being withdrawn by the scammer.

Advocate Sudhir Rao, Supreme Court of India