How to Get a Court Order for Online Banking Fraud in India: A Step-by-Step Guide
Online banking fraud is an increasingly common threat in India, impacting thousands of people every month. From phishing attacks to UPI scams and unauthorized account access, digital banking fraud can lead to severe financial losses. If your bank account has been compromised or you’ve been defrauded online, getting a court order may be a necessary step—especially when your account is frozen or you’re seeking recovery of funds.
This blog will walk you through the complete step-by-step process to apply for a court order in online fraud cases in India, including relevant laws, documents required, timelines, and legal remedies.
Step-by-Step Process to File a Court Order for Online Banking Fraud
Step 1: File a Cyber Crime Complaint
The first step is to report the fraud to the Cyber Crime Cell.
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Visit the official portal: www.cybercrime.gov.in
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Fill in details such as:
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Incident type
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Bank details
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Transaction ID
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Proof like screenshots or SMS
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You will receive an Acknowledgment Number (NCRP) after submitting the complaint.
You can also visit your nearest cyber police station for physical reporting.
Step 2: File an FIR (First Information Report)
If the cyber police are not registering your FIR online, you can go to your local police station and request an FIR under relevant IPC sections:
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Section 420 IPC – Cheating and dishonestly inducing delivery of property
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Section 66C & 66D of IT Act – Identity theft and cheating by personation using computer resources
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Section 43 of IT Act – Damage to computer or computer system
Keep a copy of FIR for further court proceedings.
Step 3: Engage a Cyber Crime Lawyer
After the FIR is filed, hire an experienced cybercrime lawyer who will draft a petition on your behalf for a court order. The lawyer ensures all supporting documents are in place:
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Cyber Complaint Acknowledgement
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FIR Copy
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Bank Transaction Details
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ID Proofs
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Any Communication Evidence (WhatsApp, Emails, Calls)
Step 4: File Petition in Court
Your lawyer will file the petition before a competent court, usually a Magistrate (CJMM or ACMM Court), requesting:
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Unfreezing of Bank Account (if blocked)
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Direction to Bank for Fund Recovery
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Direction to Police for Investigation or Closure Report
This is usually done under Section 156(3) CrPC or Section 91 CrPC.
Step 5: Court Hearing & Direction
The court may call for a hearing and review:
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Nature of fraud
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Evidence provided
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Response from police or bank (if already summoned)
If satisfied, the court will issue an order to the police or bank to take necessary action.
Step 6: Submit Court Order to Concerned Authorities
Once the court issues the order:
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Submit a certified copy to the bank and/or police.
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Follow up for account unfreezing or fund tracing/refund.
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If funds are recoverable and fraudster account is traceable, police may assist in recovering the money.
Important Sections for Online Fraud Cases
| Law / Section | Description |
|---|---|
| IPC 420 | Cheating and fraud |
| IT Act 66D | Cheating by impersonation via digital means |
| IT Act 66C | Identity theft |
| Section 91 CrPC | Request for document production |
| Section 156(3) CrPC | Magistrate direction for FIR registration |
Safety Tips to Prevent Online Banking Fraud
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Never share OTP, passwords or UPI PINs with anyone.
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Always verify phone calls claiming to be from banks or RBI.
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Do not click on suspicious links received via SMS or WhatsApp.
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Use two-factor authentication for banking apps.
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Keep antivirus and mobile apps updated.
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Use secure websites (https://) for payments.
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Avoid using public Wi-Fi for transactions.
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Report to 1930 (cybercrime helpline) within 2 hours of loss.
When Do You Need a Court Order?
You may need a court order in the following scenarios:
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Your bank account is frozen due to police investigation.
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The fraud amount is stuck in the scammer’s account and police are not taking action.
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Bank is not refunding even after filing a complaint.
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To obtain a closure report or further investigation order.
Advocate Deepak – Cybercrime Specialist Across India
If you are looking for legal assistance in filing a court order for online fraud, Advocate Deepak is a highly reputed and experienced cybercrime lawyer in India. With qualifications in B.Sc, LLB, MBA, DDM, and deep expertise in cyber law and technology, he has handled hundreds of digital fraud and account freezing cases. His approach is both legal and technical—offering complete guidance in police coordination, legal drafting, and court petitions.
Facing an online banking fraud is stressful, but timely legal steps can help you recover your losses and restore your digital security. Filing a court order under expert legal supervision ensures your rights are protected. Don’t delay—early action leads to higher chances of fund recovery.
Disclaimer:
This article is intended for informational and educational purposes only. It does not constitute legal advice or promote legal services. For specific legal assistance, please consult a certified cyber crime lawyer. Legal interpretation may vary based on your case facts and the latest judicial decisions. Laws are subject to change by government authorities.