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

Mr. Anand Sharma, a resident of Navapur, was eagerly awaiting a package. One morning, he received an SMS that appeared to be from “Bharat Express Courier.” The message stated, “Kindly update your delivery details within 12 hours, otherwise we will proceed to return the product,” and included a link. Since he was expecting a parcel, he clicked the link without a second thought. The website looked professional and mimicked an official courier service portal, raising no suspicion. The site requested a payment of ₹5 to reschedule the delivery. Mr. Sharma entered his debit card details to make the payment. To his horror, within moments, ₹25,000 was debited from his bank account, which was the maximum daily transaction limit on his card. He had fallen victim to a sophisticated phishing scam.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act immediately to minimize damage and initiate the recovery process. The first few hours are critical.

• Immediately contact your bank’s customer service to block your debit/credit card and report the fraudulent transaction. This can prevent further unauthorized debits.
• Call the National Cyber Crime Helpline number 1930. This service is specifically designed to handle financial cyber fraud and can help in stopping the money from reaching the fraudster’s account.
• File a formal complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in). Provide all the details of the incident accurately.
• Visit the nearest police station to file a First Information Report (FIR). A copy of the FIR is essential for the bank’s investigation and for 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.

Applicable Sections of Law

Such cybercrimes involve multiple offenses under Indian law. The primary legal provisions that apply are:

• The Bharatiya Nyaya Sanhita, 2023 (BNS): Sections related to cheating and fraud, such as Section 318 (Cheating) and Section 319 (Cheating by personation), are applicable.
• The Information Technology Act, 2000: This is the primary legislation for cybercrimes. Key sections include:
  • Section 66C: Punishment for identity theft. Using someone’s electronic signature, password, or other unique identification features without their consent.
  • Section 66D: Punishment for cheating by personation by using computer resources. This directly applies to creating fake websites to deceive and defraud people.

If you are the complainant

As the person filing the complaint, your role is crucial in ensuring the investigation proceeds effectively.

• Gather and preserve all evidence immediately. This includes screenshots of the fake SMS, the phishing website, bank transaction alerts, and the relevant portion of your bank statement.
• File the complaint without delay. The sooner you report the incident, the higher the chances of tracing the money trail and blocking the funds.
• Provide a clear and detailed account of the incident in your complaint, including the sequence of events, the amount lost, and the contact numbers or links involved.
• Regularly follow up with the police and your bank regarding the status of your complaint and the investigation.
• 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

Being a victim of a financial scam can be distressing. Here are steps to focus on:

• Do not panic. Follow the immediate steps of blocking your card and reporting the fraud to the bank and cybercrime portal.
• Do not delete the fraudulent message or clear your browser history. These are critical pieces of evidence for the investigation.
• Cooperate fully with the law enforcement agencies and provide any information they require.
• Be wary of any follow-up calls or messages that claim to be from the bank or police asking for more personal details or OTPs. Scammers often try to strike again.
• 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

When a cybercrime complaint is filed, the police, particularly the cyber cell, follow a standard procedure. They will register a complaint or an FIR based on the nature of the crime. The investigation typically involves coordinating with banks, payment gateways, and telecom service providers to trace the digital footprint of the criminals. However, these cases can be complex as scammers often use multiple layers of anonymity, fake accounts, and operate from different states, which can pose jurisdictional challenges and slow down the investigation.

FAQs people normally have

What evidence is required?

To build a strong case, the following evidence is crucial:

• A screenshot of the phishing SMS or email, clearly showing the sender’s ID/number and the malicious link.
• The URL of the fake website.
• Bank statement showing the fraudulent transaction, including the transaction ID.
• A copy of the complaint filed on the cybercrime portal.
• A copy of the police FIR.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors like the complexity of the case, the speed of response from banks and other intermediaries, and whether the culprits are located in the same state or a different one. While simple cases might be resolved in a few months, complex ones involving multiple jurisdictions can take much longer. Patience and regular follow-ups are key.

Advocate Sudhir Rao, Supreme Court of India