Telecom Fraud Case: When Father’s Mobile Number Got Hacked and He Was Scammed

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by

Adv Sudhir Rao
in

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Telecom Fraud Case: When Father's Mobile Number Got Hacked and He Was Scammed

Mr. X, a retired government employee from City A, suddenly found his mobile phone unable to make outgoing calls. The next day, he received a text message stating “To activate outgoing calls on your number call on 199”. Believing this to be from his telecom operator, he dialed the number. An automated message played, followed by an agent who asked for his last four digits of his bank account and OTP for verification. Trusting the caller, Mr. X provided the information. Within hours, Rs. 45,000 was debited from his account through multiple transactions. When Mr. X realized he had been scammed, his son Mr. Y approached us for legal assistance to recover the money and prosecute the fraudsters.

Advice in Such Cases

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 to 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.

  • Immediately contact your bank to freeze the account and report fraudulent transactions
  • File a complaint with the cybercrime helpline 1930 within 24 hours
  • Preserve all SMS, call logs, and bank transaction records as evidence
  • Never share OTP, PIN, or banking details over phone calls

Applicable Sections of Law

Such telecom fraud cases fall under multiple provisions of the Bharatiya Nyaya Sanhita (BNS). Section 318 deals with cheating and dishonestly inducing delivery of property. Section 319 covers cheating by personation. Section 66 of the BNS addresses fraud committed through electronic means. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides for investigation procedures in cyber fraud cases. These sections collectively provide a comprehensive framework for prosecuting telecom fraud and ensuring proper investigation procedures are followed.

If You Are the Complainant

  • File an FIR at the nearest police station or cybercrime cell immediately
  • Submit a written complaint to your bank requesting chargeback of fraudulent transactions
  • Gather all evidence including call records, SMS screenshots, and bank statements
  • Approach the telecom regulatory authority if your service provider was negligent
  • File a complaint with the National Consumer Disputes Redressal Commission if applicable
Telecom Fraud Case: When Father's Mobile Number Got Hacked and He Was Scammed

If You Are the Victim

  • Do not panic and avoid making any further payments to unknown callers
  • Contact your bank’s fraud helpline immediately to block cards and accounts
  • Change all your banking passwords and PINs as a precautionary measure
  • Report the incident to cybercrime portal and maintain the complaint reference number
  • Seek legal counsel to understand your rights and recovery options

How the Police Behave in Such Cases

Police typically treat telecom fraud cases seriously, especially when substantial amounts are involved. They usually register the FIR under relevant BNS sections and coordinate with cybercrime units. Investigation involves tracing the fraudulent numbers, identifying bank accounts used for receiving stolen money, and working with telecom operators to track the perpetrators. However, recovery of money often depends on how quickly the complaint is filed and whether the funds have been transferred multiple times.

FAQs People Normally Have

  • Can I get my money back? Recovery depends on quick reporting and successful freezing of the recipient accounts by authorities.
  • How long does investigation take? Typically 3-6 months, depending on the complexity and cooperation from banks and telecom operators.
  • Should I approach bank or police first? Contact bank immediately to freeze transactions, then file police complaint within 24 hours.
  • What if police refuse to register FIR? You can approach higher authorities or file online complaint through cybercrime portal.
Telecom Fraud Case: When Father's Mobile Number Got Hacked and He Was Scammed

What Evidence Is Required?

  • Call records showing the fraudulent call to 199 or similar numbers
  • SMS screenshots of the fake activation message
  • Bank statements showing unauthorized transactions
  • Mobile phone bill and service provider records
  • Identity proof of the account holder
  • Written complaint to bank and their response
  • Any communication records with the fraudsters

How Long Will the Investigation Take?

Investigation in telecom fraud cases typically takes 3-6 months. The timeline depends on the cooperation of banks in freezing accounts, telecom operators providing call detail records, and the complexity of tracing the fraud network. Cases involving multiple states or international elements may take longer. Quick reporting within 24 hours significantly improves the chances of successful investigation and money recovery.

Advocate Sudhir Rao, Supreme Court of India

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