How to Take Court Order to Recover Online Scam Money in India
In today’s digital world, online scams and cyber frauds are increasing rapidly. Thousands of innocent people lose their hard-earned money to fake investment apps, phishing links, online trading scams, and fraudulent websites every month.
If you have been a victim of such an online scam, don’t panic — there are legal ways to recover your money, including getting a court order for refund and justice.
This blog explains the step-by-step process on how to take a court order to recover money lost in an online scam and what legal remedies are available under Indian law.
Step-by-Step Guide to Take Court Order for Online Scam Money Recovery
Step 1: File a Complaint 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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Enter details of the transaction, bank account, screenshots, chats, and other evidence.
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Once submitted, you will receive an Acknowledgment Number (NCRP Number) — keep it safe.
This complaint will be forwarded to your local Cyber Crime Police Station for investigation.
Step 2: File an FIR at Your Local Police Station
If the transaction amount is high, or the portal is not responsive, visit your nearest police station or Cyber Crime Cell in person.
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Request registration of an FIR under IPC Section 420 (Cheating) and Section 66D of the IT Act (Cheating by Personation using Computer Resource).
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Ask for a copy of the FIR for your record.
Step 3: Send Legal Notice to the Fraudulent Party
If you know the details of the person or company involved (such as name, account, or mobile number), your advocate can send a legal notice demanding repayment of the scammed amount within a fixed time.
This notice serves as proof that you took formal legal steps before approaching the court.
Step 4: Approach the Court for Recovery
If your money is not refunded after the complaint or notice, you can file a civil or criminal case in court depending on the situation.
Option A – Criminal Case
You can approach:
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Judicial Magistrate under Section 156(3) CrPC to direct police investigation if an FIR is not registered.
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File a criminal complaint for cheating (IPC 420), breach of trust (IPC 406), or cyber fraud (IT Act 66D).
The court can order the police to trace the accused, seize their bank accounts, and recover your funds.
Option B – Civil Suit for Recovery
You can file a Money Recovery Suit in the Civil Court under Order IV Rule 1 of CPC (Code of Civil Procedure) to get a decree/order for refund.
Once the order is passed, you can request the execution of the decree through the local police or revenue authority to recover your funds.
Step 5: File a Petition in High Court (If Required)
If the cyber police or local police are not taking action, you can approach the Hon’ble High Court under Article 226 of the Constitution for a Writ Petition.
This can help you get:
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Directions to investigate your case properly.
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Orders to unfreeze your bank account (if it is wrongly frozen).
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Orders to trace and recover your lost amount.
Important Legal Provisions for Online Scam Recovery
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IPC 420 – Cheating and dishonestly inducing delivery of property.
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IPC 406 – Criminal breach of trust.
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Section 66C & 66D, IT Act, 2000 – Identity theft and cheating using a computer resource.
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Section 43 & 45, IT Act – Unauthorized access and compensation provisions.
Documents Required to File Case or Get Court Order
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Copy of your FIR / NCRP acknowledgment
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Proof of payment (bank statement, UPI screenshot, wallet transfer)
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Communication with the fraudster (WhatsApp, email, or chat logs)
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ID proof and address proof
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Legal notice copy (if sent)
Advocate’s Tip – By Advocate Deepak
Always report the scam within 24 hours to increase the chances of fund recovery.
Never delete chats or transaction messages — these serve as strong evidence.
For large financial scams, approach a cyber crime lawyer who can help you get a court order faster and communicate with the Cyber Cell or High Court for relief.
How Court Orders Help in Recovering Scam Money
Once you obtain a court order, the police or bank can:
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Trace the fraudster’s account and freeze it.
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Direct the bank to refund the amount if it is still available.
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Order the seizure of assets or compensation payment by the accused.
Need Legal Help?
If you have been a victim of an online scam or cyber fraud, contact Advocate Deepak, one of India’s leading cyber crime lawyers, experienced in handling fraud, recovery, and account-freeze cases across India.
He can help you:
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File the right complaint.
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Draft legal notices and petitions.
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Obtain court orders for money recovery or account unfreeze.
Contact: +91-7303072764
Website: https://bestcybercrimelawyer.in
Disclaimer
This blog is for informational purposes only and should not be construed as legal advice. We do not promote or solicit any kind of legal service through this content. For immediate assistance, contact your local cyber cell or consult a qualified lawyer.