If you are stuck in such a situation, here is what to do.
Mr. Sameer Gupta, a recent graduate from Bhopal, was actively looking for employment opportunities. In early August, he came across an online advertisement for a position as a ground staff member with a major airline, “SkyLink Airlines,” posted by a recruitment agency called “BrightFuture Placements.” After submitting his application, he was contacted by a representative who, under the guise of processing fees, documentation charges, and uniform costs, convinced Mr. Gupta to transfer money in multiple instalments. In total, he was duped of ₹70,000, which constituted his family’s entire savings. Shortly after the final transaction, the agency’s phone numbers became unreachable, and their website was taken down, leaving Mr. Gupta distressed and without recourse.
Advice in such cases
If you find yourself in a similar predicament, it is crucial to act swiftly and strategically. Panicking can lead to mistakes, but immediate and informed action can increase the chances of a favourable outcome.
Gather All Evidence: Immediately collect and organize all communication records with the scammers. This includes emails, WhatsApp chats, SMS messages, call logs, and screenshots of the job advertisement and the agency’s website.
Compile Transaction Records: Make a clear list of all payments made. Include bank statements, UPI transaction IDs, wallet transfer details, and the account numbers or phone numbers to which the money was sent.
File a Police Complaint: Report the incident to the police without delay. You can file a complaint online through the National Cyber Crime Reporting Portal (cybercrime.gov.in) or by visiting your nearest police station to file a First Information Report (FIR).
Inform Your Bank: Notify your bank about the fraudulent transactions immediately. While reversing the payment is difficult, lodging a formal complaint with the bank is a necessary step and can aid in 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.
Applicable Sections of Law
Such job scams involve several criminal offenses under Indian law. With the implementation of the new criminal laws, the following sections are primarily applicable:
Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with “Cheating.” The act of dishonestly inducing a person to deliver any property (in this case, money) by deception falls squarely under this provision.
Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to “Criminal breach of trust.” If the scammers created a semblance of a legitimate transaction and then dishonestly misappropriated the funds entrusted to them, this section may apply.
Section 66D of the Information Technology Act, 2000: Since the fraud was perpetrated using communication devices and online platforms, this section, which punishes cheating by personation using a computer resource, is highly relevant.
If you are the complainant
As the person who has been defrauded, you are the complainant. Your role is pivotal in initiating the legal process. Here are the steps you should follow:
Draft a Detailed Complaint: Write a clear, chronological account of the entire incident. Mention how you found the job posting, the names the recruiters used, the promises they made, the amounts paid with dates and transaction details, and how you discovered it was a scam.
Approach the Police: Visit the police station with your written complaint and all the evidence you have gathered. Request them to register an FIR under the relevant sections of the BNS and IT Act. If the police are hesitant, you can approach a senior officer like the Superintendent of Police.
Follow Up: Stay in regular contact with the Investigating Officer (IO) assigned to your case to get updates on the investigation’s progress.
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
Understanding you are a victim is the first step. It is important not to blame yourself and to focus on the necessary actions to seek justice and potential recovery.
Secure Your Accounts: If you have shared any sensitive personal or financial information beyond the transaction details, take immediate steps to secure your bank accounts, email, and social media profiles.
Document Everything: Even after filing the complaint, continue to document any further developments. If the scammers try to contact you again, record the interaction as it could be valuable evidence.
Be Patient but Persistent: The legal and investigative process can be slow. It is important to be patient but also persistent in your follow-ups with the police and your legal counsel.
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 police are obligated to register an FIR when a complaint discloses the commission of a cognizable offense, which cheating and cyber fraud are. However, sometimes, local police stations may show reluctance, citing jurisdictional issues, especially if the transaction happened online and the perpetrators are in another state. In such a scenario, you can insist on the registration of a “Zero FIR,” which can be filed at any police station regardless of jurisdiction and later transferred to the appropriate one. Filing a complaint on the National Cyber Crime Reporting Portal often streamlines this process as it is directed to the relevant cyber cell.
FAQs people normally have
Can I get my money back?
Recovery of money is possible but challenging. If the police can trace and freeze the bank accounts to which the money was transferred before it is withdrawn, there is a good chance of recovery. The outcome depends heavily on the speed of your complaint and the efficiency of the investigation.
Is it worth the effort to file a complaint for a small amount?
Yes. Reporting the crime is not just about your money. It helps law enforcement agencies identify and track down criminal networks, preventing them from duping other innocent people. Your complaint contributes to a larger database of cybercrime that can reveal patterns and lead to major arrests.
What evidence is required?
The more evidence you provide, the stronger your case will be. The most crucial pieces of evidence include:
Screenshots of the job advertisement, website, and all conversations (WhatsApp, SMS, email).
Bank statements showing the debited amounts.
Transaction details, including UPI reference numbers, and the recipient’s bank account or wallet details.
The phone numbers used by the scammers.
Any documents or “offer letters” sent by the fraudulent company.
How long will the investigation take?
The duration of a cybercrime investigation varies significantly. It depends on factors like the complexity of the case, the digital trail left by the criminals, the speed of response from banks and telecom companies in providing data, and inter-state coordination if required. It can take anywhere from a few months to over a year. An experienced lawyer can help in navigating the process and ensuring the investigation moves forward.
Advocate Sudhir Rao, Supreme Court of India