Digital arrest scam complaint process documents and timeline

By Advocate Panchanand Shaw, Bar Council of West Bengal · Published 2 Nov 2026 · Court process

To file a digital arrest scam complaint, you must immediately call the national cyber crime helpline 1930 or visit cybercrime.gov.in. Provide the fraudsters' phone numbers, bank details, and screenshots of the fake video calls. Under the BNSS 2023 and IT Act 2000, police can register an FIR and initiate fund tracing.

The digital arrest scam has become one of the most prevalent forms of cyber fraud in India. The fraudsters impersonate police officers or customs officials and threaten the victim with arrest over video calls. The victim is psychologically manipulated into transferring money to avoid prosecution. If you have been targeted, you must act immediately to file a complaint. The legal process for reporting a digital arrest scam is straightforward, but it requires specific documents and timely action. The first step is to disconnect the call and stop all communication with the fraudster. Then you must preserve the evidence and report the crime to the cyber police and your bank.

Filing a complaint is the most effective way to recover your money. The police can freeze the fraudster's bank accounts and trace the digital trail. The bank can reverse the unauthorized debits if the fraud is reported within the golden hour. The law provides strict penalties for digital arrest scams under the Bharatiya Nyaya Sanhita 2023 and the Information Technology Act 2000. The BNSS 2023 provides the procedural framework for investigation and trial. You must follow the correct legal procedure to ensure your complaint is registered and investigated properly. A cyber crime lawyer in Kolkata can help you navigate the process and avoid common mistakes.

What the law says

The digital arrest scam involves several criminal offences. Under the Bharatiya Nyaya Sanhita 2023, Section 316 defines cheating and prescribes imprisonment of up to seven years. Section 319 deals with personation, which applies when the fraudster pretends to be a police officer. Section 308 deals with extortion, which applies when the fraudster threatens the victim to obtain money. Section 351 deals with criminal intimidation. These offences are cognizable and non-bailable in serious cases. The BNS 2023 provides for aggravated forms of cheating when the fraud is committed using a computer resource.

The Information Technology Act 2000 provides additional penalties for cyber fraud. Section 66D punishes cheating by personation using a computer resource. Section 66C deals with identity theft. Section 67 penalizes the publication of obscene material. The IT Act empowers the police to investigate cyber crimes and request data from intermediaries. Section 79 requires intermediaries to comply with lawful requests for data. The BNSS 2023 provides the procedure for filing an FIR. Section 173 allows a victim to file an FIR for a cognizable offence. Section 175(3) allows a victim to approach the magistrate if the police refuse to register the FIR. Section 187 deals with the magistrate's power to authorize detention. Section 480 deals with the procedure for trial. The BSA 2023 governs the admissibility of electronic evidence, including the call recordings and chat logs.

The RBI directions on unauthorized transactions provide financial remedies. These directions mandate that banks must offer zero liability to customers if the fraud is reported within three working days. The bank must reverse the unauthorized debits and block the recipient's account. The customer must report the fraud to the bank's nodal officer and file a complaint on cybercrime.gov.in. If the bank fails to comply, the customer can escalate the matter to the RBI Ombudsman. The RBI directions also require banks to maintain a robust grievance redressal mechanism for fraud victims.

Step-by-step complaint process

Follow these steps to file a digital arrest scam complaint and pursue recovery:

Disconnect the call: Do not engage with the fraudster any longer. Disconnect the video call and block the number. Do not share any personal or financial information. Do not transfer any more money.
Preserve the evidence: Take screenshots of the video call, the caller's ID, and the chat messages. Save the call logs and the payment transaction details. Do not delete the original app or format your device.
Report to the cyber police: Call the national cyber crime helpline 1930 or file a complaint on cybercrime.gov.in. Provide all the details of the fraud, including the fraudster's phone number, bank account details, and the amount transferred. You will receive a complaint reference number for tracking.
Inform your bank: Call your bank's customer care and report the unauthorized transactions. Send a written email to the bank's nodal officer with the transaction details. Under RBI directions, you must report the fraud within three working days to claim zero liability. The bank will block the recipient's account and initiate the reversal process.
File an FIR: Visit your local police station and file a written complaint under BNSS 2023 s 173. The police must register an FIR for a cognizable offence. Provide a copy of your complaint to the cyber crime branch. The police will investigate the matter and trace the accused.
Approach the magistrate if needed: If the police refuse to register your FIR, you can file a complaint before the magistrate under BNSS 2023 s 175(3). The magistrate will direct the police to register the FIR and investigate.
Follow up on the investigation: Keep track of the investigation progress. You can file a petition in the High Court if the investigation is delayed. The Calcutta High Court has jurisdiction over cyber crime cases in West Bengal.

Documents and timelines

The following table outlines the key documents required and the statutory timelines for filing a digital arrest scam complaint:

Action	Required Documents	Statutory Timeline
Reporting to cyber police	Screenshots, call logs, bank statements	Immediate, within 48 hours of incident
Reporting to bank	Transaction receipts, written complaint	Within 3 working days for zero liability
Filing FIR	Written complaint, identity proof, evidence copy	Immediate registration under BNSS 2023 s 173
Investigation by police	Forensic report, bank account details	Within 60 days for completion of investigation

What decides the outcome

The outcome of a digital arrest scam case depends on several factors. The speed of reporting is the most critical factor. If you report within the golden hour, the police and bank can freeze the fraudster's account before the money is withdrawn. The quality of evidence is equally important. Clear screenshots of the video call and the payment transactions help the police trace the accused. The jurisdiction of the crime also plays a role. If the fraudster operates from another state or country, the investigation takes longer. The cooperation of the bank is another factor. Banks are bound by RBI directions to act promptly on unauthorized transaction reports.

The legal representation matters significantly. A cyber crime lawyer in Kolkata can help you navigate the complex legal process. They can assist you in drafting the complaint and gathering the required evidence. They can also represent you in the civil suit and the criminal trial. You can find more information about cyber crime lawyer in Kolkata for legal assistance. For information on court procedures in West Bengal, you can read about cyber law in West Bengal on our website.

The documents required for a civil suit include the plaint, the evidence affidavit, and the court fees. The plaint must set out the facts of the fraud and the amount claimed. The evidence affidavit must include all the screenshots and transaction records. The court fees are calculated based on the amount claimed. You should consult a civil lawyer to draft the plaint and file the suit in the appropriate court. The civil suit can also seek an injunction against the fraudster to prevent further harassment. You must also provide the original device for forensic examination if required.

The RBI Ombudsman plays a crucial role in resolving disputes between the victim and the bank. If the bank fails to reverse the unauthorized debits, the victim can file a complaint with the Ombudsman. The Ombudsman will investigate the matter and direct the bank to compensate the victim. The process is free and does not require a lawyer. However, the Ombudsman's decision is binding on the bank and can be challenged only in the High Court.

The willingness of the victim to cooperate with the investigation is also crucial. You must provide all the evidence and attend all hearings to ensure the case progresses. The court may also consider the severity of the threats and the amount of money involved. In cases involving serious threats or large sums of money, the court is likely to take a stricter view of the offence.

Using the complaint reference and escalating a stalled case

Two documents drive a digital arrest complaint forward: the acknowledgement number you receive from cybercrime.gov.in and the FIR copy registered under Section 173 of the BNSS 2023. Quote both in every letter to your bank's nodal officer, because the bank's decision on a zero-liability refund under the RBI directions turns on showing that you reported the unauthorised transfer within three working days. If the bank still refuses to reverse the debit, you can escalate to the RBI Ombudsman at no cost, and the Ombudsman's order binds the bank. If the police fail to register the FIR or the investigation stalls, Section 175(3) of the BNSS 2023 lets you apply to the Magistrate, and a petition to the Calcutta High Court can seek to speed up a delayed probe.

Common mistakes to avoid

Victims often make mistakes that hinder recovery. Do not continue the call or engage with the fraudster. Do not transfer any more money. Do not share your bank account details, OTPs, or passwords. Do not delete the chat history or the payment receipts. Deleting evidence destroys the digital trail and weakens your case. Do not delay reporting to the bank and police. The longer you wait, the harder it becomes to freeze the stolen funds.

Another common mistake is filing a complaint with the wrong authority. You must file the complaint with the cyber crime branch and your bank simultaneously. Filing only with the bank may not lead to a criminal investigation. Filing only with the police may not freeze the funds quickly. You must also avoid posting about the incident on social media. This can alert the fraudster and lead to further harassment. Always consult a lawyer before taking any legal action.

When to involve a lawyer

You should involve a lawyer if the police refuse to register your FIR or if the bank fails to reverse the transaction. A lawyer can help you file a complaint before the magistrate under BNSS 2023 s 175(3). They can also assist you in drafting the complaint and gathering the required evidence. If the fraudster is identified and arrested, a lawyer can represent you during the bail hearing and trial. A lawyer can also help you file a civil suit for damages. If you are facing a digital arrest scam in Kolkata, you can contact Advocate Panchanand Shaw for legal assistance.

A lawyer can also help you negotiate with the bank and the RBI Ombudsman. They can draft the legal notices and represent you in the proceedings. You should consult a lawyer as soon as possible to protect your rights and ensure a fair investigation. The lawyer can also help you understand the realistic timeline for your specific case and pursue all available remedies simultaneously.

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Frequently asked questions

How do I file a digital arrest scam complaint online?

File a complaint online by visiting cybercrime.gov.in and selecting the financial fraud category. Provide the fraudsters' phone numbers, bank account details, and screenshots of the video call. You must also report the unauthorized transactions to your bank to initiate a chargeback. Keep the acknowledgement number you receive from the portal, because the bank and the police will ask for it at every stage of the follow-up.

What documents are needed for a digital arrest scam complaint?

You need your identity proof, bank statements showing the fraudulent debits, screenshots of the video call, and the phone numbers used by the fraudsters. A written complaint under BNSS 2023 s 173 is required for filing an FIR at the police station. It also helps to keep the call logs and any written demand the fraudster made, because these support the charges under the BNS 2023 and the IT Act 2000.

How long does it take to file an FIR for a digital arrest scam?

Filing an FIR for a digital arrest scam takes a few hours at the police station. Under BNSS 2023 s 173, the police must register your complaint immediately. The entire process, including the preliminary investigation, is completed within three days. Keep the FIR copy safe, because both the bank and the court will ask for its number later.

Can the bank reverse the money paid to a digital arrest scammer?

Yes, the bank can reverse the money if you report the transaction immediately. The RBI directions on unauthorized transactions mandate a zero liability policy if the fraud is reported within three working days. You must submit a written complaint to the bank's nodal officer to initiate the reversal.

What is the role of the magistrate in a digital arrest scam case?

The magistrate oversees the investigation and grants custody of the accused. Under BNSS 2023 s 187, the magistrate authorizes the detention and trial. The victim can also approach the magistrate under BNSS 2023 s 175(3) if the police refuse to register an FIR. The magistrate also records the accused's bail application and grants custody as the case moves towards trial.

How do I find a cyber crime lawyer in Kolkata for a digital arrest scam?

You can find a cyber crime lawyer in Kolkata by searching for advocates specializing in IT Act 2000 cases. You should look for a lawyer with experience in BNSS 2023 procedures and cyber crime trials. Advocate Panchanand Shaw represents clients in the Calcutta High Court and City Sessions Court.

What happens if the police refuse to file my digital arrest scam complaint?

If the police refuse to file your complaint, you can approach the magistrate under BNSS 2023 s 175(3). The magistrate will direct the police to register an FIR. You can also file a complaint with the State Human Rights Commission or the Superintendent of Police.

Can I claim compensation for a digital arrest scam?

Yes, you can claim compensation by filing a civil suit for damages in the civil court. You can seek compensation for mental agony, financial loss, and reputational harm. The RBI directions on unauthorized transactions also allow you to recover the debited amount from the bank.

Information for general guidance only and not legal advice. Provisions cited follow the Information Technology Act 2000, the Bharatiya Nyaya Sanhita 2023 and the Bharatiya Nagarik Suraksha Sanhita 2023.

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