SOP out to recover defrauded money

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New Delhi: Cybercriminals defraud people of millions of rupees, leaving victims struggling to reclaim their funds despite numerous setbacks. In response, the Indian Cybercrime Coordination Centre (I4C) has introduced a set of Standard Operating Procedures (SOPs) designed to assist victims in recovering their money promptly.

The structure of SOPs is to facilitate swift restitution when individuals report incidents of cyber fraud. Here’s a detailed look at the key steps outlined in these procedures:

Notice Issuance:

Initially, investigating officers, empowered under Section 106(1) of the Indian Citizen Protection Act, issue notices to banks. These notices mandate banks to freeze or disable digital transaction services linked to the victim’s affected bank account.

Verification Process:

Subsequently, the investigating officer ensures that the victim verifies their claim within 30 days. Investigators can conduct this verification through face-to-face meetings or video conferences to authenticate the victim’s identity and claim.

Non-Compliance Protocol:

If the account holder fails to comply with the verification process or provides inadequate responses, the investigating officer documents this non-compliance. Legal action may follow to compel cooperation.

Court Orders and Refunds:

Upon receiving court directives, the investigating officer oversees the refund of blocked funds. Essential reports and bonds are submitted to the court to facilitate the process.

Under Section 106(1), police officers have the authority to seize any suspicious property. This includes unlawfully obtained money, ensuring stringent measures against theft.

The SOPs also outline specific responsibilities for banks. Upon receiving notices pursuant to Section 106(1), banks need to refund the victim’s money promptly. They are required to maintain transparency by updating the National Cybercrime Reporting Portal (NCRP) with case statuses and actively tracking each case. For cases involving amounts less than ₹50,000, banks may refund money in compliance with their internal policies and the guidelines of the Indian Banks’ Association.

Victims of cyber fraud have additional avenues to reclaim their funds. They can petition under Section 503 of the Indian Citizen Protection Act. This enables magistrates to order the return of seized property if not presented during investigations or criminal court proceedings.

Moreover, victims can opt to deposit bonds for refunds and seek assistance from state and district legal services and Lok Adalats. They can also apply for superintendence orders, a legal mechanism empowering police to manage property related to criminal activities.

These proactive measures underscore India’s commitment to expeditiously returning funds to rightful victims of cyber fraud. By ensuring transparency and efficiency in handling such cases, the SOPs aim to restore confidence and justice to those affected by digital crime.