A.
Dear client,
You are the victim of a job fraud where you were deceived by someone who offered you a fake job and took Rs 4,00,000 from you. Later, that fraudster misused your transaction details, resulting in a false cyber fraud case being filed against you, and your bank account was frozen.
1. Unfreezing Your Bank Account
Banks generally freeze accounts under Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponding to the earlier Section 102 of the CrPC. This is usually done on the directions of the Cyber Crime Police when a transaction is linked to a cyber fraud complaint.
To unfreeze your account, you should first submit a written representation to the Investigating Officer (IO) of the police station that ordered the freeze, explaining that you are a victim and not an accused. Attach all available evidence, such as communications with the fraudster (emails, WhatsApp chats, call records, and payment proofs). You should also include a copy of your FIR or complaint lodged against the actual fraudster.
Secondly, submit a written request to your bank enclosing a copy of the representation given to the IO, and cite the RBI Circular on “Customer Protection – Limiting Liability of Customers in Unauthorized Electronic Banking Transactions,” dated 6 July 2017, requesting that your account be unfrozen.
If no action is taken by the IO or the bank, you may file an application under Sections 452 and 454 of the BNSS, 2023, before the jurisdictional Magistrate Court, seeking release or unfreezing of your bank account, explaining that you are a bona fide victim and not involved in the fraudulent transaction.
2. Recovery of Rs 4,00,000 Lost in the Fake Job Offer
You should immediately lodge an FIR or cyber complaint at the nearest Cyber Crime Police Station or through the official portal at https://cybercrime.gov.in
. Select the category “Online Financial Fraud – Job Fraud,” and provide all transaction details, dates, payment screenshots, UPI ID, and account numbers.
After the complaint, request the Cyber Crime Cell to initiate a transaction hold and trace procedure through the Citizen Financial Cyber Fraud Reporting System (CFCFRS) to freeze the fraudster’s account and attempt reversal of your funds.
Additionally, you can file a private criminal complaint under Sections 318, 319, and 320 of the Bharatiya Nyaya Sanhita (BNS), 2023, corresponding to cheating and dishonest inducement (earlier Section 420 IPC) and cheating by personation (earlier Section 419 IPC), and under Section 111 of the BNS, read with Section 66D of the Information Technology Act, 2000, for cheating by personation using computer resources.
If the identity or address of the fraudster is known, you may also file a civil suit for recovery under Order IV of the Civil Procedure Code (CPC), seeking recovery of Rs 4,00,000 with interest and damages.
3. Prosecution and Punishment of the Fraudster
Once your complaint or FIR is registered, the Cyber Crime Police will investigate the matter, trace IP addresses, and identify the accused. On verification, the police can arrest the fraudster under the relevant provisions of the BNS for cheating and cyber fraud. You should regularly follow up with the Investigating Officer and the Magistrate Court to ensure timely filing of the charge sheet.
If the police delay the investigation or fail to register your FIR, you can approach the Magistrate under Section 175(2) of the BNSS, 2023 (corresponding to Section 156(3) of the CrPC), and request the court to direct the police to conduct an investigation.
Documents to Collect and Keep Ready
Copy of the FIR or Cyber Complaint filed by you.
Copy of the false complaint or FIR filed against you.
Bank statements showing the disputed transactions.
Screenshots, chat history, call logs, and email correspondence with the fraudster.
Identity proof and bank account details.
Copies of correspondence with the bank and cyber cell.
Legal Principles Applicable
You have no criminal liability if you acted in good faith and are a genuine victim of fraud. You are protected under Section 79 of the Information Technology Act, 2000, provided you did not knowingly participate in the fraudulent act. The RBI guidelines and provisions under the BNSS allow release of a victim’s frozen account once the investigation establishes that the individual was not involved in the offence.
Kolkata
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