A fraudster did a SIM swap on my Lucknow number and drained my bank account via OTP. What legal steps do I take?
IM Asked by Imran Sheikh from India
Quick Answer
File an FIR at the cyber crime police station in Lucknow under Section 66C IT Act, 2000 (identity theft), Section 66D (cheating by personation), and Section 318(4) BNS, 2023.
Detailed Legal Analysis
File an FIR at the cyber crime police station in Lucknow under Section 66C IT Act, 2000 (identity theft), Section 66D (cheating by personation), and Section 318(4) BNS, 2023. Report on the 1930 helpline and National Cyber Crime Reporting Portal to freeze the funds immediately.
Complain to the telecom operator for the unauthorised SIM swap and to the bank to block the account. Preserve call records, SIM swap timestamps, and transaction logs as electronic evidence under Section 63B BSA, 2023.
RBI's 2017 liability circular may limit your loss if reported within three working days. If police do not act, approach Allahabad High Court under Article 226 for a writ.
Check Uttar Pradesh Rent Control Act 1972 for any state-level cyber fraud compensation.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.