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

Ms. Priya, a young professional from the city of Alipur, was excited about an upcoming music concert. Having purchased extra tickets, she decided to sell three of them online. Soon, she was contacted by a person who identified himself as Mr. Verma. He expressed interest in buying all three tickets. To build trust, Mr. Verma shared a copy of his government-issued ID card. Feeling reassured, Ms. Priya transferred the tickets to him using the official ticketing platform, “EventPass.” The total agreed amount was ₹15,000. However, the moment the tickets were successfully transferred, Mr. Verma blocked Ms. Priya on all communication platforms and disappeared without making the payment. Distraught, she filed a complaint on the national cybercrime portal and contacted EventPass, but was unsure of what further legal steps she could take to recover her loss.

Advice in such cases

• Document Everything: Immediately take screenshots of all conversations, the profile of the scammer, the ID they sent, and the ticket transfer confirmation. Preserve the phone number and any other details you have.
• File a Cybercrime Complaint: The first official step is to file a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by calling the helpline number 1930. This creates an official record of the fraud.
• Inform the Platform: Report the fraudulent transaction to the ticketing platform (like EventPass in this story). They may be able to take action against the scammer’s account or assist the police in their investigation.
• Inform Your Bank: While in this case payment was not made from the victim’s account, if any financial details were shared, it is wise to inform your bank to prevent any further misuse.
• 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 incidents of online fraud are primarily covered under the following Indian laws:

• Bharatiya Nyaya Sanhita (BNS), 2023: Section 318 of the BNS, which deals with “Cheating,” is directly applicable. It penalizes anyone who fraudulently or dishonestly induces a person to deliver any property. Since the tickets (which are a form of property) were delivered based on a deceptive promise of payment, this section is invoked.
• The Information Technology Act, 2000: Section 66D of this act punishes “cheating by personation by using computer resource.” If the scammer used a fake identity or someone else’s ID, this section becomes highly relevant. The act provides a framework for dealing with electronic crimes.

If you are the complainant

As the person who has been defrauded (the complainant), you are the driving force behind the legal action. Here is what you should do:

• File a Formal Complaint: After the initial online report, follow up by filing a written complaint at your local police station’s cyber cell. This complaint can form the basis of a First Information Report (FIR).
• Organize Your Evidence: Compile all evidence neatly. This includes chat logs, call records, the ID provided by the scammer, and confirmation emails/messages from the ticketing platform. A clear and organized set of evidence helps the police immensely.
• Follow Up Consistently: Stay in touch with the investigating officer assigned to your case. Regular follow-ups show your seriousness and can help expedite the process.
• 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

Realizing you are a victim of a scam can be overwhelming. Focus on these actionable steps:

• Act Quickly: Time is of the essence. The sooner you report the crime, the higher the chances of tracing the digital footprints of the scammer before they are erased.
• Gather All Digital Traces: Collect every piece of digital information related to the incident. This includes the scammer’s phone number, any UPI ID or bank details they might have shared (even if unused), and their social media profiles if you found any.
• Cooperate with Law Enforcement: Provide the police with all the information they request. Your cooperation is crucial for the investigation to proceed effectively.
• 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

Initially, you may be directed to the cybercrime portal. Once a formal complaint is registered, the cyber cell of the police takes charge. Their approach typically involves:

• Preliminary Inquiry: They will first verify the details of your complaint and the evidence provided.
• Technical Investigation: The police will use the provided phone number and other digital details to trace the scammer’s identity and location. They can request subscriber details from telecom companies and trace IP addresses.
• Coordination: If the scammer is located in a different state, the local police will coordinate with their counterparts in that jurisdiction to apprehend the accused.
• Filing of Charges: Once sufficient evidence is gathered and the accused is identified or apprehended, the police will file a chargesheet in court under the relevant sections of the BNS and IT Act.

FAQs people normally have

What can I realistically expect after filing a case with cybercrime?

Filing a case sets a legal process in motion. Realistically, you can expect the police to investigate the matter. Tracing the accused is possible but can be complex if they have used sophisticated methods to hide their identity. The process takes time, and while recovery of money is a goal, the primary objective of the criminal case is to punish the wrongdoer.

Is there any way to trace the person using the government ID or phone number?

Yes. The police have the authority to get the Customer Acquisition Form (CAF) from the telecom operator for the phone number, which contains the user’s details. They can also verify the authenticity of the government ID provided. However, scammers often use fake or stolen IDs and phone numbers registered under someone else’s name, which complicates tracing.

Will I get my tickets back? Or my money back?

Getting the tickets back is unlikely, as the scammer may have already resold them. Recovering the money is possible but not guaranteed. If the accused is caught and has the funds, the court can order restitution. However, often the money is quickly moved and becomes difficult to trace. The criminal case focuses on punishment, but a favorable outcome can strengthen your claim for recovery.

What evidence is required?

• Screenshots of the entire chat conversation with the scammer.
• The phone number used by the scammer.
• A copy of the fake or real ID they provided.
• Confirmation email or message showing the successful transfer of tickets.
• Any other details like social media profile links or UPI IDs shared by the scammer.

How long will the investigation take?

Cybercrime investigations do not have a fixed timeline. It can range from a few weeks to several months or even longer. The duration depends on the complexity of the case, the digital trail left by the scammer, and the cooperation between different agencies (like telecom companies, banks, and police departments across states).

Advocate Sudhir Rao, Supreme Court of India