In today’s digital world, we use the internet for almost everything – banking, shopping, communication, social media, education, and even business operations. But with this convenience comes a dark side: cyber crime and online fraud.
India is among the top countries facing rising cases of cybercrime – from phishing emails and fake job offers to OTP frauds, social media hacking, and ransomware attacks. Yet, most victims don’t know the correct legal steps to take when they are cheated online.
As advocates, we see that timely action and proper legal knowledge can save victims from huge losses. In this blog, I will explain in simple English:
- What is cyber crime?
- Common types of online fraud in India.
- What legal steps you should take immediately.
- How to file a complaint (both online and offline).
- Important laws governing cyber crimes.
- Preventive measures every citizen should follow.
1. What is Cyber Crime?
Cyber crime is any unlawful activity carried out using computers, mobile phones, or the internet. It can be targeted at individuals, businesses, or even the government.
Examples include:
- Stealing personal data.
- Hacking into bank accounts.
- Spreading fake news or obscene content.
- Cheating people through fake websites or apps.
👉 In simple words: If someone uses technology to cheat, steal, threaten, or harass you – it is cyber crime.
2. Common Types of Cyber Crime & Online Fraud in India
(a) Financial Frauds
- Phishing: Fake emails/SMS that look like official bank communication.
- OTP/UPI Frauds: Fraudsters trick victims into sharing OTP or UPI PIN.
- Credit/Debit Card Skimming: Card details stolen through devices or websites.
- Investment Scams: Fake promises of high returns in stock, crypto, or forex.
(b) Identity Theft
- Using someone’s Aadhaar, PAN, or credit card details for illegal purposes.
- Fake social media profiles created to defame or cheat others.
(c) Hacking and Data Theft
- Unauthorized access to emails, social media, or corporate databases.
- Ransomware attacks demanding money for data release.
(d) Cyber Bullying & Harassment
- Sending obscene messages or morphed photos.
- Threats on social media or WhatsApp.
(e) Online Shopping Frauds
- Fake e-commerce websites.
- Delivery of counterfeit or no delivery after payment.
3. What to Do Immediately if You are a Victim?
The first 24 hours are very crucial in cyber crime cases. Delay reduces chances of recovering money or tracking criminals.
Step 1: Collect Evidence
- Take screenshots of fraudulent messages, emails, or websites.
- Save transaction IDs, bank statements, and chat logs.
- Note the date, time, and mode of fraud.
Step 2: Report to Your Bank/Wallet
- Immediately call the customer care of your bank or payment wallet (Paytm, PhonePe, Google Pay, etc.)
- Block your card, freeze the account, or stop UPI transactions.
- Ask for a complaint reference number.
Step 3: File an Online Complaint
- Visit National Cyber Crime Reporting Portal: www.cybercrime.gov.in
- Select “Report Cyber Crime” and file complaint under financial fraud or other categories.
- Upload supporting documents and transaction details.
Step 4: Contact Cyber Police Station
- Most cities now have dedicated Cyber Crime Police Stations.
- File a written complaint with evidence.
- You can also file an FIR under relevant IPC and IT Act provisions.
Step 5: Inform Helpline
- Dial 1930 (Cyber Crime Helpline Number) for immediate assistance in financial fraud cases.
👉 Legal Tip: Always act quickly. In financial frauds, the earlier you report, the higher the chance of stopping the transfer of funds.
4. Laws Governing Cyber Crime in India
Cyber crimes are covered under the Information Technology Act, 2000 (IT Act) and the Indian Penal Code (IPC).
Key Provisions of IT Act:
- Section 43: Penalty for unauthorized access, data theft, or virus attacks.
- Section 66: Punishment for hacking, identity theft, cheating by personation using computer resources.
- Section 66C & 66D: Using stolen identity or cheating through communication devices.
- Section 67: Publishing or transmitting obscene material.
- Section 69: Power of government to intercept or monitor information.
Relevant IPC Sections:
- Section 419: Cheating by personation.
- Section 420: Cheating and dishonestly inducing delivery of property (common in online frauds).
- Section 468 & 471: Forgery and use of forged documents.
- Section 509: Insulting the modesty of a woman (used in cyber harassment).
👉 Legal Tip: Most cyber crimes are cognizable offences, which means police must register an FIR and start investigation immediately.
5. How to File a Complaint?
(a) Online Method
- Visit www.cybercrime.gov.in
- Register as a complainant.
- Fill details of incident, attach proof.
- Track complaint status online.
(b) Offline Method
- Approach nearest Cyber Crime Cell/Police Station.
- File written complaint with ID proof.
- Mention: your name, contact details, description of incident, and evidence.
(c) Through Helpline
- Call 1930 and lodge the complaint orally. They will guide you further.
6. Practical Examples
Example 1: OTP Fraud
Mr. A receives a call from a person pretending to be a bank officer. He shares his OTP and loses ₹50,000.
👉 He should immediately:
- Call bank helpline, block card.
- Dial 1930 and register complaint.
- File FIR under IT Act Sec. 66D & IPC Sec. 420.
Example 2: Social Media Harassment
Ms. B finds her morphed pictures circulating on Instagram.
👉 She should:
- Take screenshots.
- File complaint on cybercrime.gov.in under harassment.
- File FIR under IPC 509 and IT Act 67.
7. Preventive Measures – Stay Safe Online
- Never share OTP, PIN, or password with anyone, not even bank officials.
- Use two-factor authentication for email and UPI.
- Always shop from trusted websites with “https://” domain.
- Regularly update your phone and computer security patches.
- Do not click on suspicious links in SMS/WhatsApp/email.
- Use strong, unique passwords.
- Educate family members, especially elders, about online scams.
8. Role of Advocates in Cyber Crime Cases
As lawyers, our role is crucial in:
- Advising victims on immediate legal remedies.
- Drafting and filing cyber crime complaints.
- Coordinating with cyber police and authorities.
- Filing petitions for compensation or injunctions.
- Representing victims in criminal trials.
9. Conclusion
Cyber crimes are not limited to big corporates – even ordinary citizens are daily targets. The good news is that India has strong legal provisions and dedicated cyber police to fight such crimes.
👉 If you are a victim, don’t panic, don’t delay, and don’t ignore. Collect evidence, inform your bank, report to cybercrime.gov.in, and contact your local cyber police.
Prevention is always better than cure – but in case of fraud, the law is there to protect you.
As advocates, we always tell clients: Your quick action can make the difference between recovering your money and losing it forever.
