Common provisions in cyber fraud FIRs
- Cheating under Section 318(4) and cheating by personation under Section 319 of the Bharatiya Nyaya Sanhita (BNS).
- Identity theft and cheating by personation using a computer under Sections 66C and 66D of the Information Technology Act.
- Criminal conspiracy, and in some cases, organised crime under Section 111 BNS, which is treated much more seriously.
Situations that come up often
- Bank account holders: money from a fraud passed through an account opened in your name, sometimes for a commission or at someone else's request.
- Multiple FIRs: complaints from victims in different states lead to separate FIRs, each needing its own bail, and production warrants from other states.
- Frozen accounts: the bank freezes an account on a police request. Getting it released is a separate application from bail.
- Notice from a cyber police station: a notice asking you to appear, where anticipatory bail or appearing with counsel may be considered.
What matters for bail
- The specific role alleged, and whether the person received or kept any money.
- The amount involved and whether any of it has been recovered or refunded.
- Whether the money trail has already been traced from bank records, so custody is no longer needed.
- The maximum punishment and whether the offence is triable by a Magistrate.
- Time spent in custody and bail granted to co-accused.
If you have been named in more than one FIR, list every FIR number and state you know of in your query. Each one needs to be dealt with separately.