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.

Rahul Gupta from Pune received an SMS notification stating that Rs. 15 had been credited to a Union Bank of India account. Curious about whether this might be his old dormant account, he attempted to access the account details through the bank’s mobile application. In his confusion, he tried changing the MPIN, thinking it might help him determine if the account belonged to him. However, the account actually belonged to another customer, Priya Sharma from Mumbai, whose phone number had been incorrectly linked to Rahul’s mobile due to a database error at Reliable Financial Services, which handled some of the bank’s customer data processing. When Priya discovered that her account MPIN had been changed without her authorization, she filed a complaint with the cyber crime cell.

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 the bank’s customer service to report the incident and clarify the confusion. Document all communication and save screenshots of any messages received. Never attempt to access banking systems that may not belong to you, even if you receive notifications by mistake.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply to unauthorized bank account access:

• Section 318 BNS: Cheating and dishonestly inducing delivery of property
• Section 319 BNS: Cheating by personation
• Section 351 BNS: Criminal breach of trust
• Section 61 BNS: Dishonest or fraudulent intention

The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for investigation and prosecution of such cyber-enabled financial crimes.

Relevant Legal Precedents

Indian courts have consistently held that unauthorized access to banking systems, regardless of intent, constitutes a serious offense. The Supreme Court and various High Courts have established that even attempted access without malicious intent can attract criminal liability. Courts have emphasized that banking security protocols must be strictly maintained to protect customer interests. The principle of strict liability applies in cases involving financial institutions’ security breaches.

If you need specific judgement references for your case, you can contact Adv. Sudhir Rao on his helpline numbers for detailed legal research and citations.

If You Are the Complainant

• File an immediate complaint with the bank’s customer service and fraud department
• Report the incident to the local police cyber crime cell within 24 hours
• Gather all evidence including SMS notifications, call logs, and bank statements
• Request the bank to freeze the account temporarily until the matter is resolved
• Maintain detailed records of all communications with bank officials and law enforcement

If You Are the Victim

• Immediately contact your bank to report unauthorized MPIN changes
• Request immediate blocking of all digital banking services until security is restored
• File a written complaint with the bank manager and obtain acknowledgment receipt
• Approach the cyber crime police station with all relevant documents
• Consider filing a complaint with the Banking Ombudsman if the bank fails to respond adequately

How the Police Behave in Such Cases

Cyber crime cells typically treat banking fraud cases seriously due to the involvement of financial institutions. Police usually coordinate with bank security teams to trace the source of unauthorized access. They may request technical details from telecom companies to verify phone number ownership. Investigation often involves forensic analysis of mobile devices and banking systems. Police generally respond promptly to such complaints as they involve potential financial fraud.

FAQs People Normally Have

Q: Is receiving someone else’s bank SMS by mistake a crime?
A: No, receiving the SMS is not criminal, but attempting to access the account based on that SMS can be.

Q: What if I genuinely thought it was my old account?
A: Genuine mistake may be a valid defense, but you should have contacted the bank first instead of attempting access.

Q: Can the bank hold me responsible for their technical error?
A: While the bank’s error in phone number linking may be relevant, your actions in accessing the account will still be evaluated separately.

What Evidence Is Required?

• SMS notifications received on your mobile device with timestamps
• Bank statements showing account activities
• Mobile phone call logs and data usage records
• Bank’s internal logs showing MPIN change attempts
• Telecom company records proving phone number ownership
• Written complaint filed with the bank
• Any correspondence with bank officials regarding the incident

How Long Will the Investigation Take?

Cyber crime investigations involving banking fraud typically take 3-6 months for completion. The timeline depends on the complexity of tracing digital footprints and coordination between multiple agencies. Banks usually respond to complaints within 7-10 working days, while police investigation may extend longer based on technical evidence collection requirements.

Advocate Sudhir Rao, Supreme Court of India