Cyber crime ITAct
7 months ago
I am victim of cyber crime online job portal. I lost my entire saving.I've lounge complain 1039 & cyber crime police sation within 1 day.
They have fridge frauder's 18 bank accounts for this it took 4 months for them. They inform me that I will only 1/3 amount rest of amount can not recover.
I have 2 question.
I took legal advice from court and they gave lawyer for file case and all.
Still, there is no update. Every body asking money including police and public prosecutor..they are nor processing my case .lawyer has already taken 14000 rs to file case and for police procedure.
Questions1 : can any one explain me what is correct procedure to get back money back whatever fridge by police.
Ideally, what is time line to resolve cyber crime case?
I have file fir in December 2022 and 9 months to go still court did not gave order . Please guide me What to do??
Question2: what should be lawyer fees for this kind of cyber crime case because they are asking 80000 RS per case...if I will give this much fees it too much for person like me who lost a job .
This case is about to release fridge amount from fraudulent account to me.
A.Dear client,
Registration of complaint: The victim of the cybercrime can file a complaint with the cyber crime cell of the police department. The complaint should contain details of the fraud, including the name of the online job portal, the date and time of the fraud, the mode of payment used, and any other relevant information.
A complaint has to be lodged at the police station within 3 days of the fraud. If you file a complaint with the bank and police station immediately after the fraud, you can get the full money back in your account in the next 10 days.
Registration of complaint: The victim of the cybercrime can file a complaint with the cyber crime cell of the police department. The complaint should contain details of the fraud, including the name of the online job portal, the date and time of the fraud, the mode of payment used, and any other relevant information.
A complaint has to be lodged at the police station within 3 days of the fraud. If you file a complaint with the bank and police station immediately after the fraud, you can get the full money back in your account in the next 10 days.
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A.Dear Client,
The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime scams or complaints online and once a cyber crime scam is reported online to NCCRP, on the instruction of Cyber Crime Cell, investigating team started the routine process of investigation immediately freezing the suspected accounts of fraudsters and the victim's Bank account and you have to wait for the completion of the investigation of the scam by the investigating agency. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources available to the investigators, and the cooperation of the victim. In general, cybercrime investigations can take anywhere from a few weeks to several months or even years. You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/. A victim of cybercrime losing money to bank frauds can get 90% of their money back in just 10 days. Most banks have an insurance policy against unauthorized transactions. Bank customers have to report an unauthorized transaction within three days to get to full refund. Section 457 of the CrPC empowers a magistrate to use their discretion to order the conditional release of the frozen amount. When the victim is known, but the credentials of the criminal who created the fake accounts are unknown, in that situation, the police seek a bond from the victim to release the frozen money recovered from the fraudster's account. You may consult with a cyber crime expert for further guidance and steps.
The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime scams or complaints online and once a cyber crime scam is reported online to NCCRP, on the instruction of Cyber Crime Cell, investigating team started the routine process of investigation immediately freezing the suspected accounts of fraudsters and the victim's Bank account and you have to wait for the completion of the investigation of the scam by the investigating agency. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources available to the investigators, and the cooperation of the victim. In general, cybercrime investigations can take anywhere from a few weeks to several months or even years. You can also register a complaint of cybercrime at https://www.cybercrime.gov.in/. A victim of cybercrime losing money to bank frauds can get 90% of their money back in just 10 days. Most banks have an insurance policy against unauthorized transactions. Bank customers have to report an unauthorized transaction within three days to get to full refund. Section 457 of the CrPC empowers a magistrate to use their discretion to order the conditional release of the frozen amount. When the victim is known, but the credentials of the criminal who created the fake accounts are unknown, in that situation, the police seek a bond from the victim to release the frozen money recovered from the fraudster's account. You may consult with a cyber crime expert for further guidance and steps.
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A.Dear Sir/Madam,
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within Thirty days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
•
Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond. [Mohd.Irfan v. State of M.P.,2018 SCC OnLine MP 457, dated 03-08-2018]
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within Thirty days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
•
Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond. [Mohd.Irfan v. State of M.P.,2018 SCC OnLine MP 457, dated 03-08-2018]
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