In this new age of technology, banking, shopping, and communication may have never been easier, but then again, so have scams online. India experienced the fastest growth of cybercrime that include, fake investments links, phishing calls, loan app frauds, OTP scams and thefts of cryptocurrency.
If you fall victim to cyber fraudulently, the first 24 hours will be critical. If you act quickly, you are more likely to block your transaction, trace the culprits, and recover your lost funds. This article will walk you through what to do, on a priority basis, immediately after a cyber fraud, how to report a complaint, along with a description of protections which the law provides you in India.
Steps to File Cases on Cyber Fraud & Online Scams
Don’t Panic: Report Cyber Fraud Immediately
Every second counts. Once you realize you have been scammed – a fake loan app, click on a phishing link or unauthorized debit to your account – you must act quickly.
Lodge a complaint at the national cybercrime portal
Go to www.cybercrime.gov.in.
- Click either on, “Report Financial Fraud,” or, “Report Other Cyber Crimes,”
- Fill in all relevant details, time, date, transaction and description of what occurred.
- Upload dialogue screenshots, chat history and also receipts.
- You will receive a complaint reference number, keep this number safe.
If your portal is not loading, you will want to dial the Cybercrime Helpline: 1930. This connects you to your bank and cyber police to block fraudulent transactions quickly.
Register an FIR: Give Your Complaint Legal Strength
Online reporting is essential, but it’s not enough.
Always file a First Information Report (FIR) at your nearest Cyber Police Station or local police station.
- Mention the Information Technology Act, 2000 and Indian Penal Code/Bhartiya Nyaya Sanhita sections in your complaint.
- Under Section 154 of the CrPC/Section 173 of the BNSS, the police are legally bound to register an FIR for any cognizable offence.
From experience: In many cases, victims hesitate to visit the police. But once an FIR is filed, banks, intermediaries, and law enforcement take your complaint much more seriously.
Inform Your Bank: RBI Guidelines Protect You
If your card or UPI account was used fraudulently, call your bank’s fraud reporting department immediately.
- Request to block your card/account.
- File a Transaction Dispute Form.
- Provide your complaint number and FIR copy.
Under RBI’s July 6, 2017 guidelines, if you report unauthorized transactions within three working days, you are not liable for the loss.
Real-world insight: In several cases, it successfully invoked the RBI’s circular to make banks refund clients’ money when they reported within 24 hours.
How to Trace the Money Inside the Recovery Process
Most victims assume that once money leaves their account, it’s gone forever. That’s not true, it is seen multiple recoveries when complaints are filed promptly.
The Indian Cyber Crime Coordination Centre (I4C) and banks use a Payment Gateway Tracing Mechanism to follow the digital trail.
- Each transfer, even through UPI or wallets, leaves a footprint.
- If funds haven’t been withdrawn, the accounts are frozen within hours.
- Law enforcement coordinates with the Financial Intelligence Unit (FIU-IND) to track money mules.
Legal Options if Banks Don’t Cooperate
If your bank refuses to refund or assist:
- Approach the Adjudicating Officer under Section 46 of the IT Act, 2000.
- File a Consumer Complaint under Consumer Protection Act, 2019.
- Seek a Civil Injunction to freeze accounts under Order 39, Rules 1 & 2 CPC.
From practice: Even if full recovery isn’t possible, early reporting often helps retrieve at least part of the lost amount before it’s withdrawn or laundered.
Your Evidence Is Everything Preserve It Like Gold
In digital crimes, evidence fades fast. Chats disappear, fake accounts vanish, and links go dead.
What You Should Save
- All chats and emails with the scammer.
- UPI IDs, payment timestamps, and transaction IDs.
- Website links or ads (use Wayback Machine to preserve them).
- Caller numbers and messages used during the fraud.
Legal Value of Screenshots
As per Section 65B of the Indian Evidence Act, 1872, screenshots and emails can be valid digital evidence if there is a certification for authenticating these documents.
In the case of Anvar P.V. v. P.K. Basheer (2014), the Supreme Court made it clear that in order for digital evidence to be admissible in court, a Section 65B certificate is needed.
Lawyer’s note: Whenever clients share digital proof with us, we create hash-certified copies to preserve their integrity for court use.
Legal Provisions Every Victim Should Know
You’re protected under both the Information Technology Act, 2000 and the Indian Penal Code (IPC)/Bhartiya Nyaya Sanhita (BNS).
Key Sections Under the IT Act
- Section 43: Unauthorized access and data theft.
- Section 66: Hacking or identity misuse.
- Section 66C: Fraudulent use of passwords or credentials.
- Section 66D: Cheating by impersonation online.
- Section 72: Breach of privacy or confidentiality.
Key Sections Under the IPC/BNS
- Section 420 IPC/ Section 318 (4) BNS: Cheating and delivery of property.
- Section 468 IPC/ Section 336 (3) BNS: Forgery for cheating.
- Section 500 IPC/ Section 356 (2) BNS: Online defamation.
- Sections 120B/34 IPC/Section 61 (2)/3(5) BNS: Conspiracy or group offences.
Why Hiring a Cyber Law Expert Changes the Game?
Many victims think online reporting is enough. In reality, a well-drafted legal complaint backed by evidence and law gets results.
What We Do for Clients at Lead India Law
- Frame the complaint under correct IT Act and IPC provisions.
- Preserve and certify digital evidence.
- Liaise with Cyber Cell, CERT-In, and bank officials to freeze accounts.
- File consumer or civil recovery cases when banks delay action.
From desk: In a 2019 Paytm Phishing case, the team helped a Delhi businessman recover ₹2.3 lakh within weeks because we acted before the scammers could withdraw the money.
Landmark Judgments That Every Victim Should Know
- RBI v. Jayantilal N. Mistry (2016): It makes it clear that banks should also take forensic steps and investigate cyber fraud in an open and transparent manner.
- CCS v. Amit Kumar Sharma (Delhi HC, 2021): It established that impersonating twin social media identities is a cognizable offence under section 66D of the IT Act and Section 420 of the IPC.
- State of Tamil Nadu v. Suhas Katti (2004): The hearing concluded within 7 months, not typical considering the usual pace of cybercrime cases, probably considered to be one of the “fastest cycles” for a cybercrime case hearing in India.
- Puneet Bhagat v. State of Punjab (2020): The High Court confirmed that certification of screenshots with a Section 65B certificate makes them clear and authentic examples of electronic evidence.
Conclusion
Finally, do not think cyber fraud is limited to your age. It afflicts everyone from college students to the most senior professionals. Your reaction time will determine your outcome. Therefore, report the fraud within 24 hours at www.cybercrime.gov.in or call 1930, keep every digital trace, and talk to a cyber law expert if you have more questions.
Any legal framework, including the Indian legal framework from the IT Act, 2000, and the guidelines of the RBI, are expect to protect you from fraud, but they work when you act fast and smart.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. How can I check the status of my cybercrime complaint in India?
After filing at cybercrime.gov.in, you’ll receive a complaint number. You can log in to the same portal or contact your district Cyber Police Station for updates.
2. Can I file both a police complaint and a consumer complaint?
Yes. A cyber fraud involves both criminal and consumer aspects. You can pursue a criminal FIR and a consumer forum claim for compensation simultaneously.
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