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

Two sisters, Riya and Priya, residing in the city of Jayanagar, recently experienced a sophisticated online scam. Riya had placed an advertisement on MarketplaceHub, an online platform, to sell a used study table for ₹12,500. A person, let’s call him Mr. Verma, responded to the ad. To appear legitimate, he claimed to own a furniture resale shop in their vicinity and expressed interest in buying the table.

Mr. Verma called them to discuss the item and then asked for their WhatsApp number to coordinate the pickup, stating he would send his employee. After a brief interval, the sisters confirmed the table was ready. When they discussed payment, they agreed on UPI. Mr. Verma asked for their QR code, which Riya sent from an account with a minimal balance as a precaution. The scam began to unfold when Mr. Verma sent a payment *request* for ₹1, not a direct payment. He deceitfully instructed Riya, “You have to accept the request for the money to be credited to your account. You must be new to this.” Trusting him, Riya accepted. To cement their trust, Mr. Verma then sent two genuine transactions of ₹1 each from a completely different UPI ID, making it seem like his method was valid.

He then sent a payment request for the full amount of ₹12,500. When Riya’s sister, Priya, accepted it from her account, the amount was instantly debited. Feigning ignorance, Mr. Verma claimed there was a “technical error” and that he would refund the debited amount along with the original payment for the table. He said, “Don’t worry, I am sending a total of ₹25,000 to cover everything.” He then sent another payment request for ₹12,500. In the ensuing confusion and panic, Priya accepted this request as well, losing another ₹12,500. In total, they were defrauded of ₹25,000.

When they confronted him about the repeated debits, Mr. Verma became agitated and threatening, saying, “I am not responsible for your money anymore. Do whatever you want,” before hanging up. The sisters rushed to the address he had given for his shop, only to find it was non-existent. Their calls to him went unanswered, and soon his phone was switched off. They immediately filed a complaint on the national cybercrime portal. However, their subsequent interactions with the helpline and local police were disheartening, with officials being unhelpful or unreachable. The sisters were left with the scammer’s phone number, two UPI IDs, and transaction records, feeling helpless against a system that seemed indifferent to their plight.

Advice in such cases

• Act Immediately: The moment you realize you’ve been scammed, call the National Cyber Crime Helpline at 1930. This is the most critical step, as it initiates a process to try and block the fraudulent transaction before the money is withdrawn by the scammer.
• Inform Your Bank: Contact your bank immediately and report the fraudulent transactions. Ask them to freeze the amount if possible and provide them with all transaction details.
• File a Formal Complaint: Register a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in). You can also visit the nearest police station to file an FIR (First Information Report).
• Preserve All Evidence: Do not delete any communication with the scammer. Take screenshots of the online ad, chats, call logs, and all fraudulent transaction messages and IDs.
• 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 involve offenses under multiple Indian statutes. The primary laws applicable are:

• Bharatiya Nyaya Sanhita (BNS), 2023: The actions of the scammer fall squarely under the definition of cheating.
  • Section 318 of BNS: This section deals with cheating. Inducing someone to deliver property (money) through deceit is a punishable offense.
  • Section 319 of BNS: This section covers cheating by personation, as the scammer pretended to be a genuine buyer and shop owner.
• Information Technology Act, 2000: Since the crime was committed using electronic communication and a computer resource (UPI platform, mobile phone).
  • Section 66D: This section specifically punishes cheating by personation using a computer resource or a communication device.

If you are the complainant

As the person filing the complaint, your role is crucial in ensuring the investigation moves forward.

• Be Proactive: Do not wait for the police to contact you. After filing the online complaint and FIR, follow up regularly on the status of the investigation.
• Provide Detailed Information: Furnish the police with every piece of evidence you have. This includes the scammer’s phone number, UPI IDs, bank transaction details, screenshots, and a detailed written narrative of the incident.
• Escalate if Necessary: If the local police station is not taking appropriate action, you have the right to approach senior police officials, such as the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) of the Cyber Crime Cell in your city.
• 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

As the victim who has lost money, your immediate focus should be on damage control and recovery.

• Time is of the Essence: Your first call must be to 1930. The “golden hour” after a financial fraud is critical, as quick reporting can enable law enforcement to freeze the money in the scammer’s account before it’s moved.
• Secure Your Accounts: Change your UPI PIN and any other passwords. Inform your bank to monitor your account for any further suspicious activity.
• Document Everything: Create a clear timeline of events. Note down the dates, times, amounts, and the sequence of the scam. This will be invaluable for your police complaint and any legal proceedings.
• 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 experience of dealing with law enforcement can be mixed. While many cyber cells are now well-equipped, victims often face challenges. Some officers may seem dismissive due to the high volume of cases or may lack specialized training in cyber fraud. They might improperly categorize the case as a civil dispute or show reluctance to file an FIR for amounts they consider “small.” However, this is incorrect, as fraud is a criminal offense regardless of the amount. Persistence is key. A well-drafted complaint and regular follow-ups, potentially through a lawyer, can compel them to take action.

FAQs people normally have

• Can I get my money back?
  

  Recovery is challenging but not impossible. The chances are highest if the fraud is reported via 1930 within the first few hours. If the money is traced and frozen, a court order can facilitate its return. Even if the money is withdrawn, a successful criminal prosecution can result in the court ordering the convict to pay compensation to the victim.

  
  
• Is the scammer’s phone number enough to catch them?
  

  A phone number is a very strong piece of evidence. The police can obtain the Subscriber Detail Record (SDR) and Customer Acquisition Form (CAF) from the telecom service provider to identify the registered owner of the SIM card. They can also trace the phone’s location. While scammers often use fake documents, this is a critical starting point for the investigation.

  
  
• What if the police refuse to file an FIR?
  

  If the police at the station refuse to register an FIR, you can send a written complaint detailing the offense to the Superintendent of Police (SP) by registered post. If no action is taken even then, you can file a private complaint before the jurisdictional Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, asking the court to direct the police to register an FIR and investigate.

  
  

What evidence is required?

To build a strong case, you must collect and submit the following evidence:

• Screenshots of the advertisement you posted.
• Screenshots of all chats with the scammer (e.g., on WhatsApp).
• Your bank account statement clearly showing the debited amounts.
• The unique transaction ID (often called UTR number) for each fraudulent transaction.
• The scammer’s phone number(s) and all UPI IDs they used.
• Call logs or recordings of conversations with the scammer, if available.
• A copy of the complaint filed on the cybercrime portal.

How long will the investigation take?

The duration of a cybercrime investigation varies significantly. It can take anywhere from a few months to over a year. The timeline depends on factors like the complexity of the case (e.g., how many accounts the money was routed through), the speed of response from banks and telecom companies in providing data, and the workload and efficiency of the investigating police team. Tracing digital footprints across different states can be a time-consuming process.

Advocate Sudhir Rao, Supreme Court of India