‘Victim, placed under digital arrest, loses crores,’ ‘person falls prey to trading scams,’ ‘social media user duped by deepfakes of business moguls’ – news platforms are inundated with reports of fraudsters duping the people of their hard earned money. Indians lost more than ₹11,000 crore from January to June 2024 to financial frauds, according to the Indian Cyber Crime Coordination Centre (I4C).
Authorities, time and again, issue guidelines/advisories to safeguard the general public from falling for cyber scams. So much so that even the Prime Minister warned the people against “digital arrests” during a Mann Ki Baat episode in October last year. “Beware of digital arrest frauds. There is no system like digital arrest under the law. No government agency will ever contact you via phone or video call for such an investigation,” he cautioned people.
As a practice, a person should avoid clicking on suspicious links, downloading files from unknown sources, and use strong passwords among others to keep oneself safe from falling prey to online frauds.
But what to do if one is duped by cyber criminals? What should a cybercrime victim do? Will the defrauded money be recovered? Here’s what a person can do after falling prey to an online fraud
The Golden Hour
The first few hours after a scam has taken place is utmost crucial. The victim should immediately inform the authorities about the online crime at the earliest possible. Timely intervention from the authorities is crucial for mitigating the losses incurred in such cases.
Do Not Delete Evidence
Victims often delete the fraudster’s chat, transaction notification and other relevant details out of panic and fear. However, evidence plays an important role in strengthening the case against fraud. Victims are also advised to not delete any relevant detail, rather collect and compile for the evidence. “Take screenshots (of evidence), forward such messages to self, and make sure to have a copy of all the transactions. What will help you better is to have the most amount of evidence, ” Syed Mohammad Haroon, Volunteer Counsel with SFLC.in told us.
Notify The Bank
If a person’s device is compromised and/or they notice an unauthorised bank transaction/fraud, they should immediately notify the bank on the same and request the officials to debit freeze the account to prevent further losses.
A Google list featuring contact details of multiple Indian banks can be seen here.
File The Complaint
One can file a complaint by calling the Cyber Crime Helpline number ‘1930’. The Helpline is managed by the law enforcement agencies of respective states and Union Territories, and collects required details about the crime. Victims can file the complaint in their respective language through the helpline.
Alternatively, the victim can register a complaint at the ‘National Cyber Crime Reporting Portal’ (https://cybercrime.gov.in/). The portal caters to complaints about women/child related cybercrime, financial fraud and other cyber crimes.
How to file a complaint on the National Cyber Crime Reporting Portal
- Visit the official website at ‘cybercrime.gov.in’
- Click on the ‘Register A Complaint’ tab available at the home page.
- Select relevant category
- Register on the portal by filing out details and file the complaint .
It is mandatory for the victim to furnish the following information while filing a complaint at the portal
- Date and time of cyber crime
- Details about the incident
- Soft copy of any national ID
- Soft copies of evidence of cyber crimes (such as credit card receipts, bank statement, online money transfer receipt, videos, chat transcripts etc)
Additionally, a financial fraud victim should also provide the following details:
- Name of the bank/ wallet/merchant
- 12-digit transaction Id/UTR number
- Date of transaction
- Fraud amount
One can also provide details about the suspect details, or links to suspected websites or social media handles, if applicable.
The complainant can track the progress of their complaints on the portal by using the ‘acknowledgement number.’
After the complaint is filed, the concerned banks are directed to hold the defrauded money in the hacker’s accounts/other’s accounts.
Can We Get The Money Back?
Once the complainant receives intimation about sufficient amount being put on hold, “Immediately go to the Cyber police station to take a report from the Investigation officer, and file an application in the court with the help of a lawyer. The court will issue an order to recover the amount which has been put on hold. Send the same to the respective banks, and they will return the money which has been frozen,” Cyber security expert Dr. Rakshit Tandon tells Newschecker.
Pranay Dixit, Fellow, SFLC.in (Software Freedom Law Center) tells us that I4C has issued SOPs for investigating officers (IOs) for effective grievance redressal in cyber crime cases. “The IO is responsible for identifying the real owner of the blocked money, once the complaint is filed. For the same, the IO may issue a notice under Section 106(1) BNSS to the bank which operates the suspected account, where money is held,” explains Dixit.
The IO must also ensure that the account holder appears for verification within 30 days of making the complaint. The verification can be done either in person or through a video conference, and is crucial for confirming the identity of the account holder and their claim to the blocked funds. However, if the account holder fails to appear or does not provide a satisfactory explanation, the officer must record this non-compliance and proceed with the next steps, including court proceedings if necessary, he adds.
Also Read: ScamWatch – From Businessmen To Actors, Scammers Impersonate Celebrities To Dupe Public
The IO must adhere to the court’s orders regarding the refund of the blocked money to the victim. This includes forwarding a report and the bond executed under Section 106(3) BNSS, along with a copy of the complaints recorded on NCRP/FIR/e-FIR, to the competent court.
Detailing the responsibilities of the bank, Dixit says that as per SOPs, that banks must refund the blocked money to the victim upon receiving a notice under Section 106(3) of BNSS. The banks are required to update the release of funds on the National Cybercrime Reporting Portal (NCRP).
Notably, the banks refund the money on their own if the frozen amount is less than ₹50,000, without a court order as per their internal policy, procedures, or chargeback guidelines as per the Indian Banks’ Association’s recommendations. These transactions must be reported and updated on the CFCFRMS.
A cyber crime victim can file an application in the jurisdictional court for the release of the blocked amount under Section 497 or 503 BNSS, Dixit further adds. Upon executing a bond, victims can direct the bank to remit the amount. This process involves a formal undertaking to ensure compliance with court orders. Victims can approach the court to issue superdari orders based on complaints registered on the NCRP portal.
However, despite the best efforts, the money lost to cyber crime is not always recovered. C Vamsi Krishna, Deputy Inspector General of Police, Economic and Cyber offences, CID-Karnataka, said during a workshop in 2024, “…Bengaluru, a cybercrime hotspot, witnessed a doubling of cases from 2022 to 2023, with a disheartening decline in detection rates. According to city police, only around 12% of the total Rs 900 crore lost was returned to complainants, leaving a substantial amount irretrievable.”
Also Read: Beware Of E-Pickpockets- Understanding The Threat Of RFID Card Thefts
What If Your Phone Is Compromised?
Users are advised to not click on any suspicious link, or download any attachment received from untrusted sources. However, if someone mistakenly clicks on a malicious link or their device gets hacked,
- Disconnect device’s internet access and bluetooth.
- Detect unfamiliar, suspicious apps on the phone and uninstall them.
- Clear cache and cookies- in case the device encountered malware during web browsing.
- If nothing else works, factory reset the device
If someone clicks on a malicious link or their phone is hacked, “factory reset is the answer,” says Dr Tandon, adding, “…Never block your SIM. Just remove call forwarding and factory reset your device.”
Victims are also advised to alert their contacts to safeguard them from accessing any malicious link sent by a hacked/compromised device.
Though there are ways to reduce/recover the loss suffered by a cyber crime victim, it is always advisable to practice caution to avoid falling for such scams.
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