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Cyber Law · Published 20 November 2022

Cyber Fraud and Phishing: Legal Remedies for Victims

Bharat Kaushik, Advocate

Phishing remains the most common entry point for financial cyber fraud in India. A message that appears to be from a bank, a delivery company or a government portal invites the recipient to share credentials or one-time passwords — and within minutes, funds are siphoned away.

The law offers immediate and effective remedies. A victim should report without delay on the National Cyber Crime Reporting Portal (cybercrime.gov.in) or helpline 1930; prompt reporting enables banks to freeze the defrauded funds. The Information Technology Act, 2000 penalises identity theft (Section 66C) and cheating by personation using a computer resource (Section 66D), and the Bharatiya Nyaya Sanhita, 2023 applies to the underlying cheating and criminal breach of trust.

The practical lesson from our paper at the World Cyber Security Summit (2022) is simple: never share passwords or OTPs, verify the sender independently, and treat speed of reporting as the single most important factor in recovering money.

In accordance with the rules of the Bar Council of India, this website is not intended to solicit work or advertise. The contents of this website are for general information only and do not constitute legal advice, nor do they create a lawyer–client relationship. Visitors access this website of their own volition. Independent legal advice should be sought in all cases.