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

Mr. Alok Sharma, a resident of the bustling city of Suryanagar, recently fell victim to a sophisticated online investment scam. He came across an advertisement for a company named “Zenith Wealth Partners,” which promised unusually high returns on short-term investments. Lured by the professional-looking website and convincing testimonials, he invested a substantial amount of his savings. Within weeks, the website vanished, the contact numbers were disconnected, and Mr. Sharma realized he had been duped. His story is a common one in today’s digital age, leaving many feeling helpless and unsure of the next steps.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act swiftly and methodically. Do not panic. Your immediate actions can significantly impact the chances of a positive outcome.

• Immediately report the fraudulent transactions to your bank to freeze your account or block the card used.
• Gather all possible evidence related to the scam. This includes screenshots, bank transaction details, email conversations, chat messages, and any documents provided by the fraudulent entity.
• File a formal complaint without delay. Time is of the essence in such financial frauds.
• Consult with a Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to Rs. 50,000, depending on the case. He is helping you come out of this situation. He is an expert in the domain and can help you understand the procedure, which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.

Applicable Sections of Law

Such cases of online fraud primarily fall under the purview of cheating and cybercrime laws. The principal legislation to consider is the Bharatiya Nyaya Sanhita (BNS), which has replaced the old Indian Penal Code.

• Section 318 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with “Cheating.” If someone dishonestly induces you to deliver any property or money by deception, they can be prosecuted under this section. Online investment fraud is a classic example of cheating.
• The Information Technology Act, 2000: Various sections of the IT Act also apply to offences committed using computer resources or communication devices.

If you are the complainant

As the complainant, you are the one who sets the legal process in motion. You must formally report the crime to the authorities. You have two primary options for this:

• National Cyber Crime Reporting Portal: The most efficient first step is to file a complaint online at www.cybercrime.gov.in. This portal is specifically designed to handle such cases and ensures that the complaint is directed to the appropriate police unit in the relevant jurisdiction.
• Local Police Station: You can also approach your nearest police station to file a First Information Report (FIR). As per the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are obligated to register your complaint. If the crime occurred outside their jurisdiction, they can register a “Zero FIR” and transfer it to the appropriate police station.

If you are the victim

Being a victim of fraud can be a distressing experience. It is important to focus on mitigating the damage and taking control of the situation. Secure all your other financial accounts by changing passwords and enabling two-factor authentication. Inform your family and friends about the incident to prevent them from falling for similar scams. Remember that you are a victim of a crime, and there is no shame in seeking help and pursuing legal recourse.

How the police behave in such cases

The police response to cybercrime has been evolving. Upon receiving a complaint, the cyber cell or the local police will register an FIR. They will require you to submit all the evidence you have collected. The investigation will typically involve tracing the digital footprint of the fraudsters, which includes IP addresses, mobile numbers, and bank account trails. While police are increasingly equipped to handle such cases, investigations can be complex. It is important to be persistent and follow up regularly on the status of your case.

FAQs people normally have

Can I get my money back?
Recovering the money is challenging but not impossible. If the crime is reported immediately, the police and banks can sometimes freeze the accounts where the money was transferred, increasing the chances of recovery. The outcome of the legal case will also determine compensation.

What if the fraudster is in another state or country?
Cybercrime is often cross-jurisdictional. Indian law enforcement agencies have procedures to coordinate with police in other states. For international fraudsters, the process is more complex and involves mutual legal assistance treaties, but it is still pursued in significant cases.

Should I continue talking to the fraudster if they contact me?
It is generally advised not to engage further with the fraudsters. Do not provide any more personal information or money. Preserve any communication they send you and provide it to the police as additional evidence.

What evidence is required?

Strong evidence is the backbone of a successful prosecution. For an online investment fraud case, you must provide:

• Screenshots of the fraudulent website, application, or social media profile.
• Complete bank account statements showing the debited amounts.
• Transaction IDs, UPI references, and recipient account details.
• All communication records with the fraudsters, such as WhatsApp chats, emails, or SMS messages.
• Any fake documents, like investment certificates or contracts, issued by the scammers.

How long will the investigation take?

The duration of an investigation into cyber fraud varies greatly. It depends on the complexity of the case, the digital trail left by the criminals, and the cooperation between different banks and law enforcement agencies. Simple cases might see progress in a few months, while complex ones involving multiple jurisdictions or international elements can take a year or more. Patience and persistent follow-up are key.

Advocate Sudhir Rao, Supreme Court of India