Bail in cyber fraud cases

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.