Criminal Law
November 02, 2024 Mohali

Cyber crime complaint for online fraud and money recovery

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"I was cheated of ₹50,000 through an online investment scheme. The fraudsters used fake documents and promised high returns. How can I file cyber crime complaint and recover my money?"
Expert Legal Answer
Metis Law Chamber
Legal Experts

Cyber Crime Complaint for Online Fraud:

Online financial fraud falls under Information Technology Act, 2000 and Indian Penal Code provisions.

Applicable Legal Provisions:

  • Section 66C IT Act: Identity theft and fraud
  • Section 66D IT Act: Cheating by personation using computer
  • Section 420 IPC: Cheating and dishonestly inducing property delivery
  • Section 120B IPC: Criminal conspiracy

Cyber Crime Complaint Filing Process:

  1. Online Portal: File complaint on cybercrime.gov.in
  2. Local Cyber Cell: Visit nearest cyber crime police station
  3. Regular Police Station: File FIR if cyber cell unavailable
  4. Helpline: Call 1930 for cyber crime helpline

Required Evidence and Documents:

  • Screenshots of fraudulent website/app
  • Bank transaction records and statements
  • UPI/payment gateway transaction details
  • Communication records (emails, SMS, calls)
  • Fake documents provided by fraudsters
  • Social media profiles/posts of fraudsters
  • IP address and technical evidence if available

Immediate Steps for Money Recovery:

1. Bank Account Freezing:

  • Report to your bank immediately
  • Request chargeback if credit card used
  • Freeze fraudster's account through police

2. Technical Investigation:

  • Trace digital footprints and IP addresses
  • Bank account and mobile number tracking
  • Website hosting details investigation

Legal Procedure:

  1. FIR Registration: Under IT Act and IPC sections
  2. Investigation: Cyber cell conducts technical investigation
  3. Arrest: Fraudsters arrested based on evidence
  4. Charge Sheet: Filed in court with complete evidence
  5. Trial: Criminal trial for conviction

Money Recovery Options:

1. Criminal Case:

  • Compensation order under Section 357 CrPC
  • Recovery from convicted fraudsters
  • Asset attachment and recovery

2. Civil Recovery:

  • Civil suit for money recovery
  • Injunction against fraudulent activities
  • Damages for mental harassment

Prevention and Precautions:

  • Verify investment schemes through SEBI/RBI
  • Don't share OTP, passwords, or card details
  • Check website security certificates
  • Avoid clicking suspicious links
  • Report suspicious activities immediately

Expected Timeline:

FIR registration: 1-3 days, Investigation: 2-6 months, Trial: 1-3 years, Money recovery depends on asset tracing success.

For expert legal assistance in cyber crime cases and money recovery, contact Metis Law Chamber's cyber law specialists immediately.

Important Disclaimer: This information is for educational purposes only and should not be considered as legal advice for your specific situation. Laws can be complex and fact-specific. For personalized legal assistance and representation in your case, please contact Metis Law Chamber immediately for a detailed consultation with our legal experts.
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