Introduction
Have you ever received a call from someone claiming to be your bank representative, asking for your OTP or card details? Or maybe an email that looked like it was from your bank, urging you to click a link and verify your account? These are classic examples of cyber frauds—fake calls, phishing, and OTP scams—that have become increasingly common in India.
With the rise of digital transactions, fraudsters have developed sophisticated techniques to steal personal and financial information. The question is: How can you legally protect yourself from such scams?
In this blog, we will break down how these frauds happen, the legal actions you can take, and the preventive measures to safeguard your hard-earned money.
Why Are Fake Calls, Phishing, and OTP Frauds Increasing How Do These Cyber Frauds Work?
1. Fake Calls (Impersonation Frauds)
Scammers pretend to be bank officials, insurance agents, telecom representatives, or government officers to extract sensitive details.
🔹 Example: A fraudster calls, saying your ATM card will be blocked unless you verify your CVV and OTP. Once you share these details, your account is compromised.
2. Phishing Attacks
Phishing scams involve fraudulent emails, SMS, or websites designed to steal login credentials and banking details.
🔹 Example: You receive an email from what looks like your bank, asking you to log in via a provided link. The link leads to a fake website where hackers capture your details.
3. OTP Frauds
These scams involve tricking victims into revealing their One-Time Passwords (OTPs), allowing fraudsters to make unauthorized transactions.
🔹 Example: A scammer calls pretending to be from a digital payment service, claiming they need an OTP to verify your account. Once you share it, they gain access to your funds.
What Are the Legal Protections Available in India?
India has strong cyber laws to deal with online fraud. If you become a victim, you can take legal action under the following laws:
A. Indian Penal Code (IPC), 1860
Section 419-Punishment for cheating impersonation.
Information Technology (IT) Act, 2000
Section 420- Fraudulent transactions causing wrongful loss.
Section 66 Identify theft and misuse of personal data.
Section 66D- Punishment for impersonation and fraud using electronic means.
RBI Guidelines
Banks must implement strict security measures.
If a fraud is reported immediately, the victim may not be liable for loss.
How Can You Protect Yourself from These Scams?
✅ Never Share OTPs, CVVs, or Passwords – Banks and genuine institutions never ask for such details over calls or messages.
✅ Verify the Caller’s Identity – If someone claims to be from your bank, disconnect and call the official helpline.
✅ Check Links Before Clicking – Phishing emails often contain fake links. Always verify website URLs.
✅ Activate Two-Factor Authentication (2FA) – This adds an extra layer of security for your accounts.
✅ Report Fraudulent Numbers – Block and report suspicious numbers to your telecom provider.
What Should You Do If You Fall Victim to Cyber Fraud?
Step 1: Report the Fraud Immediately
📞 Call 1930 – The National Cyber Crime Helpline (operates 24×7).
🖥 File a Complaint on Cyber Crime Portal: www.cybercrime.gov.in
🏦 Inform Your Bank – Call your bank’s fraud department and request immediate action on unauthorized transactions.
Step 2: File a Police Complaint (FIR)
Visit your nearest police station and file an FIR under IPC Sections 419, 420, 66C, and 66D of the IT Act.
Step 3: Approach the Banking Ombudsman
If the bank refuses to help, you can file a complaint with the RBI Banking Ombudsman: www.rbi.org.in
Can You Get Your Money Back After a Cyber Fraud?
Yes, in certain cases.
If you report the fraud within 24 hours, the bank may be liable for the loss and refund your money as per RBI guidelines. File a chargeback request with your bank for unauthorized transactions. Legal action can be taken against the fraudster if identified.
Conclusion
Cyber frauds like fake calls, phishing, and OTP scams are serious threats, but legal remedies exist. By staying informed and taking preventive measures, you can protect yourself from financial loss. If you or someone you know has been a victim, don’t hesitate to seek legal help.
📌 Need Legal Assistance?
At B S Makar Advocates and Solicitors, we specialize in cyber fraud cases, NRI disputes, property disputes, and civil litigation. If you’ve been scammed, our team can guide you through the legal process and help you recover your money.
📞 Contact us today for expert legal advice!
