Legal Process to Recover Online Scam Money in India
Online scams and digital financial frauds have become a major concern in India. From fake trading websites and investment apps to phishing links and UPI frauds, cybercriminals are finding new ways to cheat innocent citizens.
If you have lost money in an online scam, it is important to act quickly and follow the legal process to recover your funds. The good news is that Indian law provides several remedies to help victims of cyber frauds reclaim their money legally.
In this article, we will explain the step-by-step legal process to recover online scam money, relevant laws, and practical guidance from cyber law experts.
Step-by-Step Legal Process to Recover Money Lost in Online Scam
Step 1: Report the Fraud on the National Cyber Crime Portal
Visit the official website https://cybercrime.gov.in.
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Click on “Report Other Cyber Crime”.
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Provide details of the fraudulent transaction, screenshots, phone numbers, and bank account details of the scammer.
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Once submitted, you will receive an Acknowledgment Number (NCRP Number).
Why it matters:
If you report within 24 hours, the chances of freezing the fraudulent account and recovering funds are much higher.
Step 2: Call the Cybercrime Helpline Number 1930
Dial 1930, the National Cybercrime Helpline, to report your case immediately.
This number directly connects you with your local Cyber Cell or Police Control Room, enabling instant action to block or trace suspicious accounts.
Step 3: File an FIR with Your Local Police or Cyber Cell
Visit your nearest police station or Cyber Crime Unit and file a First Information Report (FIR).
Mention the following sections:
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Section 420 of IPC – Cheating and dishonestly inducing delivery of property.
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Section 66D of IT Act, 2000 – Cheating by impersonation using a computer resource.
Ask for a copy of the FIR for future reference.
Step 4: Submit a Written Complaint to the Bank
If the money was transferred through UPI, NEFT, or IMPS, inform your bank’s fraud department immediately.
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Provide your FIR/NCRP acknowledgment copy.
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Request the bank to freeze the recipient’s account or reverse the transaction.
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RBI guidelines require banks to assist customers in genuine cyber fraud cases.
Step 5: Send a Legal Notice to the Accused (If Identified)
If you have details of the fraudster’s name, company, or bank account, a legal notice can be sent through your advocate demanding repayment within a specific time frame.
This step establishes your legal intent and may help during court proceedings.
Step 6: File a Case in Court
Depending on the situation, you can pursue either criminal or civil action.
A. Criminal Case
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File a criminal complaint before the Judicial Magistrate under Section 156(3) CrPC if police investigation is delayed or denied.
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The Magistrate can order a detailed investigation and direct the police to trace and seize the money.
B. Civil Case for Recovery
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You can file a Money Recovery Suit under Order IV Rule 1 of the Civil Procedure Code (CPC).
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The court may issue a decree ordering the accused to refund your lost money.
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If the fraudster’s bank account or assets are identifiable, execution proceedings can be initiated for recovery.
Step 7: Approach the High Court (If Necessary)
If police or cyber cell authorities fail to act, you may approach the Hon’ble High Court under Article 226 of the Constitution of India through a Writ Petition.
The High Court can:
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Direct the Cyber Cell to expedite investigation.
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Order the freezing/unfreezing of bank accounts.
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Issue directions to banks or intermediaries for refund.
Legal Provisions Applicable in Online Scam Recovery
| Law | Section | Description |
|---|---|---|
| Indian Penal Code (IPC) | 420 | Cheating and dishonestly inducing delivery of property |
| IPC | 406 | Criminal breach of trust |
| IT Act, 2000 | 66C | Identity theft |
| IT Act, 2000 | 66D | Cheating by personation using computer resource |
| Civil Procedure Code (CPC) | Order IV Rule 1 | Filing a money recovery suit |
| Constitution of India | Article 226 | Writ petition for High Court intervention |
Documents Required
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Copy of FIR or NCRP acknowledgment
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Bank statement showing the transaction
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Proof of communication (emails, WhatsApp chats, or SMS)
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ID proof of the complainant
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Legal notice (if issued)
Advocate’s Guidance – By Advocate Deepak
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Act immediately after realizing the fraud. Delay reduces recovery chances.
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Never delete your chat history, emails, or UPI messages — these are critical pieces of evidence.
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Always communicate through official banking and police channels.
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For large or complex cyber frauds, consult a cyber crime lawyer who understands both IT laws and banking procedures.
Professional Legal Assistance
If you are a victim of an online scam, contact Advocate Deepak, a cyber crime lawyer in India specializing in online fraud recovery, bank account unfreeze cases, and cyber investigations.
Call Now: +91-7303072764
Website: https://bestcybercrimelawyer.in
Disclaimer
This content is for educational purposes only and should not be considered legal advice. Always consult a qualified cybercrime lawyer for your specific case.
For reporting cybercrime, visit www.cybercrime.gov.in or call 1930.