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

Mr. Sameer Gupta, a resident of Nagpur, recently shared a distressing experience involving his father, Mr. Suresh Gupta. His father was enticed by online advertisements from a self-proclaimed numerology expert, Mr. Alok Verma. Lured by promises of immense financial success and personal well-being, Mr. Suresh paid approximately ₹45,000 for a package that included online courses and a proprietary software tool.

However, after the payment was made, it became evident that the entire operation was a scam. The courses were nothing more than generic, publicly available information, and the software was non-functional. Upon further investigation, it was discovered that Mr. Alok Verma possessed no credible qualifications or certifications in the field he claimed to be an expert in. This incident raises serious concerns about how such fraudulent individuals are allowed to operate freely online, preying on unsuspecting people.

Advice in such cases

If you or someone you know has fallen victim to a similar scam, it is crucial to act promptly and systematically.

• Gather all evidence. Collect all records of communication, including emails, chat messages, and call logs. Also, keep screenshots of the advertisement, website, and payment transaction details.
• File a complaint with the National Cyber Crime Reporting Portal (cybercrime.gov.in) immediately. This is the designated platform for reporting such financial frauds.
• Lodge a complaint at your nearest police station. Provide them with all the evidence you have collected.
• Inform your bank about the fraudulent transaction. While a reversal might be difficult, it is an important step to document the fraud.
• 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 cases of online fraud and cheating are covered under the new Indian criminal laws. The primary sections that apply are from the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (Cheating): This section addresses the act of dishonestly inducing a person to deliver any property. In this case, the fraudster induced the victim to pay money under false pretenses. The punishment can include imprisonment up to three years, a fine, or both.
• Information Technology Act, 2000: Provisions such as Section 66D (punishment for cheating by personation by using computer resource) may also be invoked, especially in cases where the fraudster uses a fake identity or platform.

If you are the complainant

As the person filing the complaint on behalf of a victim or as the victim yourself, you must take specific steps.

• File a First Information Report (FIR) or a formal police complaint, clearly stating the sequence of events and mentioning the relevant sections of the law.
• Submit all digital and documentary evidence to the investigating officer, ensuring you get a receiving copy.
• Maintain regular follow-ups with the police on the progress of 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

Realizing you have been scammed can be stressful, but it’s important to remain calm and take logical steps.

• Do not engage in any further communication with the fraudster. They may try to extract more money by making new promises or threats.
• Secure all your financial accounts. Change passwords and monitor your bank statements for any unauthorized activity.
• Follow the complaint procedure diligently, as mentioned above. Your prompt action is key to a potential resolution.
• 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

Upon receiving a complaint, the police are expected to register an FIR under the appropriate sections, such as Section 318 of the BNS. The case is often transferred to a specialized Cyber Crime Cell, which has the technical expertise to handle such investigations. The police will attempt to trace the digital footprint of the accused, including their IP address, mobile number, and bank account details. However, perpetrators often use fake identities and complex methods to hide their tracks, which can make the investigation challenging.

FAQs people normally have

Can I get my money back?

Recovery of the scammed money is possible but not guaranteed. If the police can freeze the fraudster’s bank account in time, some or all of the money might be recovered through the legal process. However, this is often a long and complicated procedure.

Will the scammer be arrested?

If the police investigation successfully identifies and locates the perpetrator, and there is sufficient evidence to prove the crime, an arrest can be made. The prosecution will then proceed in court.

What evidence is required?

Strong evidence is crucial for a successful investigation and prosecution. Key pieces of evidence include:

• Screenshots of the payment confirmation, showing transaction IDs and bank details.
• Complete chat history (e.g., WhatsApp, Telegram) or email threads with the scammer.
• Screenshots of the website, social media profile, or advertisement that lured you in.
• The mobile number or any other contact details of the accused.

How long will the investigation take?

Investigations into online financial fraud can be time-consuming. It can take anywhere from a few months to over a year. The timeline depends on factors like the complexity of the case, the ease of tracing the digital and financial trails, inter-state jurisdiction issues, and the workload of the investigating agency.

Advocate Sudhir Rao, Supreme Court of India