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

Mr. Sameer Verma, who had recently relocated to the city of Chandranagar, found himself in a distressing situation after falling victim to a sophisticated online scam. While trying to book a vehicle for a weekend trip, he lost ₹25,000. His ordeal began when he searched online for a car rental service and landed on the website of “Swift Wheels Rentals.” After filling in his details, he was contacted by an agent to finalize the booking.

To confirm the car, Mr. Verma was asked to pay a small token amount of ₹200. However, the website’s payment gateway only accepted card payments, with no option for UPI, which he found slightly unusual. When he raised this issue with the agent, he was instructed to download the company’s “official” app from a link provided. This app was not on the official app store but was an APK file, a major red flag for potential malware.

Trusting the agent, Mr. Verma installed the APK file and proceeded to make the payment. He entered his card details and the One-Time Password (OTP) he received. He did not get an immediate debit message on his phone, but an alert was sent to his registered email, which he did not check at the time. A few moments later, his phone was flooded with a series of OTPs for transactions totaling nearly ₹1.5 lakhs. Believing that the money could not be debited without his approval of these new OTPs, he initially felt secure. Unfortunately, his assumption was wrong. Within minutes, he received two debit alerts from his bank, each for a transaction of ₹12,500. Realizing he had been scammed, he immediately contacted his bank to block his account and all further transactions. He has since filed a complaint on the National Cyber Crime Reporting Portal and has been advised to submit a physical copy to his local police station.

Advice in such cases

• Immediately contact your bank or credit card company to report the fraudulent transaction and request a chargeback. Ask them to block your card and account to prevent further losses.
• Report the incident on the National Cyber Crime Reporting Portal (cybercrime.gov.in) or by calling the helpline number 1930 within the ‘golden hour’ to increase the chances of freezing the siphoned funds.
• File a formal complaint (FIR) at your nearest police station. The cybercrime portal complaint is often the first step, but a formal FIR is crucial for the police investigation to commence.
• Preserve all evidence, including screenshots of the fraudulent website and app, call logs, chat history with the scammer, transaction details, and bank statements.
• 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 online scams typically involve violations under multiple statutes. The primary laws applicable are:

• The Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS, which deals with cheating, is directly applicable. If the scam involves impersonation, relevant sections can be invoked.
• The Information Technology Act, 2000: Sections such as 66C (punishment for identity theft) and 66D (punishment for cheating by personation by using computer resources) are central to prosecuting such cybercrimes.

If you are the complainant

If you find yourself accused of being involved in such a scam, it is a serious allegation. Here is what you should do:

• Do not panic. Cooperate with the investigation but do not make any statement without understanding your rights.
• Immediately gather all evidence that can prove your innocence, such as your location data, financial statements, and communication records that can establish an alibi or show you had no involvement.
• If you fear an arrest, you may need to seek anticipatory bail from the appropriate court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• 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

As the victim of the crime, your prompt actions are critical for the legal process and potential recovery of funds.

• File the complaint on the cybercrime portal and with the local police without delay. The sooner the authorities are informed, the higher the chance of tracing and freezing the stolen money.
• Provide the police with a detailed written complaint and all the evidence you have collected. Be clear and precise in your statement.
• Regularly follow up with the investigating officer at the police station and the bank regarding the status of your complaint and chargeback request.
• 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 about an APK or online scam, the police, particularly the cyber cell, will initiate a standard procedure. They will register an FIR under the relevant sections of the BNS and the IT Act. The investigation typically involves coordinating with banks and payment gateways to trace the money trail. They will also use technical analysis to track the IP addresses, phone numbers, and digital footprints associated with the fraudulent website and app. While police are often overburdened, cybercrime is a priority area, and they will pursue the investigation. Your cooperation in providing timely and accurate information is essential to aid their efforts.

FAQs people normally have

Is it worth filing an FIR for such an amount? Will I get my money back?
Yes, it is absolutely worth filing an FIR, regardless of the amount. Filing a complaint is not just about recovering money but also about bringing criminals to justice and preventing them from scamming others. The chances of recovering money depend on how quickly the fraud is reported, enabling law enforcement to freeze the funds before they are withdrawn by the scammers. While recovery is not guaranteed, it is possible.

I am new to the city and hesitant to go to the police station alone. What should I do?
It is understandable to feel intimidated. However, filing a complaint is a necessary step. You can ask a friend, colleague, or relative to accompany you for support. Alternatively, engaging a lawyer can be very helpful, as they can guide you through the process and even accompany you to the police station to ensure your complaint is registered correctly and taken seriously.

What evidence is required?

To build a strong case, you must provide as much evidence as possible. This includes:

• Bank statements showing the fraudulent debits.
• Transaction IDs, dates, and times of the fraudulent transactions.
• Screenshots of the fake website, the payment page, and any chat conversations with the scammer.
• The phone number used by the scammer.
• The link from which you downloaded the APK file, and if possible, the APK file itself.
• A copy of the complaint filed on the National Cyber Crime Reporting Portal.

How long will the investigation take?

Cybercrime investigations can be complex and time-consuming. Tracing digital trails often involves multiple jurisdictions, and scammers use sophisticated methods to hide their identities. There is no fixed timeline for an investigation. It can take several months or even longer, depending on the complexity of the case and the leads available to the police. Regular follow-ups are important to keep the case active.

Advocate Sudhir Rao, Supreme Court of India