A.
Dear Client,
A victim of cyber scam can not claim an amount more than he or she lost in the scam. Once a cybercrime scam involving suspicious or fraudulent transactions is reported online to the National Cyber Crime Reporting Portal(NCCRP) or an FIR is lodged in local police station, on the instruction of the Cyber Crime Cell, the investigating team starts the routine process of investigation immediately freezing the suspected accounts of fraudsters and the victim's Bank account obtaining an order from the court of Magistrate under Sec.102 Cr.PC to that effect. However, in the course of an investigation, when an amount is traced out and put on hold, the victim can move a petition under Sec.. 457 of Cr. PC before the court of Magistrate, praying for the release of the said amount. Section 457 of the CrPC empowers a Magistrate to use their discretion to order the conditional release of the amount frozen or put on hold under a cyber scam. In this situation, the police seek a bond from the victim who needs to declare that he/she will pay 1.5 times the refunded amount to the bank in case his/her claim is false or if other claims are made on the amount. Once this is done, the Magistrate executes an order to release the on-hold amount to the applicant victim, and following the court's order, and on receipt of the bond, the Investigating Officer of the Cyber Cell pursues the matter with the concerned banks and the amount is refunded to the accounts of the victim. If required, consult with a cybercrime expert or hire an Advocate to navigate the issue effectively.
Posted On 10-Jul-2025
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