If you have been the victim of online fraud, hacking, identity theft or online harassment, act in the first few hours: report the matter to the police station or the national cyber crime reporting portal and, where money has moved, inform your bank immediately. A written complaint with preserved evidence is what allows the investigation to proceed.
Who this applies to
This applies to anyone who has suffered an online wrong — a fraudulent transfer, a fake seller, a hacked account, a leaked or morphed image, or abusive messages online. It applies whether the loss is money, reputational, or both, and whether the wrong was committed through UPI, a card, a website, an app or a social media account.
The first hours: what to do
- For financial fraud, call your bank and the card or wallet issuer immediately and ask them to freeze or flag the transaction. Quick reporting improves the chance of recovery and is expected of you.
- Report online at the national cyber crime reporting portal, which accepts complaints in categories including financial fraud and other cyber offences.
- File a written complaint at the jurisdictional police station, keeping a receipt or acknowledgement copy.
- Do not delete messages, emails, or the app or account that was misused; preserve the device if you can.
The complaint format
A clear written complaint should state:
- Your name, address, contact number and email.
- A chronological account of what happened, with dates and times.
- How the fraud or offence was carried out and the identifiers involved (account numbers, UPI IDs, phone numbers, usernames, URLs).
- The amount lost or the nature of the harm.
- The evidence enclosed, listed item by item.
- A request to register an FIR or, as the case may be, to investigate the offence.
Keep a copy, and note the diary or acknowledgement number the police give you.
Evidence to preserve
Electronic evidence is fragile and easy to lose. Preserve it before it changes:
- Screenshots with visible date and time, of the transaction, the chat and the profile.
- Transaction IDs, UPI reference numbers, bank statement entries and payment gateway receipts.
- Chat exports from messaging apps, and email with full headers where relevant.
- The exact URLs of the pages or listings involved.
- Call records and SMS showing the fraud numbers.
Where the matter goes to court, the certificate requirement for electronic records under the evidence law will matter; preserve originals and do not edit files.
The provisions that apply
The Information Technology Act, 2000 punishes identity theft (section 66C), cheating by personation using a computer resource (section 66D), violation of privacy (section 66E), and the offences relating to obscene and sexually explicit material in electronic form (sections 67, 67A and 67B). Breach of confidentiality is covered by section 72. Many online frauds also attract the general criminal law: cheating is dealt with under the Bharatiya Nyaya Sanhita, 2023, and criminal breach of trust likewise, while defamation and offences against a woman's modesty and stalking have their own sections.
When the police do not act
If the police refuse to register your complaint, you can approach the Magistrate. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a complaint may be made to a Magistrate under sections 173 and 175, and information in electronic form is recognised under section 152. The Magistrate can direct registration of an FIR or order an investigation. This route is set out in our note on civil litigation formats.
Civil remedy against a platform
Where a platform or intermediary has been put on notice of unlawful content and fails to act within the time the law allows, the safe harbour available to intermediaries can be lost, opening the way to a civil claim. A well-worded notice that identifies the content and the harm is often the first step. Harassment of women online and privacy violations are pursued both criminally and civilly — see our notes on cyber fraud and cyber law.
Documents to attach
- Your identity proof and the complaint in writing.
- Bank or payment statements showing the disputed transactions.
- Screenshots and preserved chat or email records.
- The URLs and profile links of the persons or pages involved.
- Any prior complaint or correspondence about the same matter.
Common mistakes
- Waiting days before informing the bank or the police.
- Deleting the messages or the account after the incident.
- Filing a vague complaint without transaction IDs or URLs.
- Editing screenshots and thereby weakening the evidence.
- Assuming the portal report is enough and ignoring the police or Magistrate route.
FAQs
Can I file a cyber complaint online?
Yes. The national cyber crime reporting portal accepts complaints online, and you can also file a written complaint at the police station.
Will I get my money back?
Recovery depends on how quickly the transaction is flagged and whether the funds can be traced. Report immediately to maximise the chance, though recovery cannot be guaranteed.
What if the police do not register an FIR?
You can make a complaint before the Magistrate under the BNSS, 2023, and seek a direction to register and investigate.
Can I sue the website or app?
Where the platform was on notice and failed to act, a civil claim may lie against it; the safe-harbour position turns on whether it acted on notice.
How FileX Advocates can help
FileX Advocates & Legal Consultants, 14 Hare Street, Kolkata 700001, drafts cyber crime complaints, organises electronic evidence, issues notices to platforms and banks, and pursues the Magistrate and civil routes. Call or message +91 7439811422, or reach us on WhatsApp at https://wa.me/917439811422.
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