Common questions
Questions and answers
Plain-language answers to questions often asked about cyber fraud, frozen bank accounts, cheque bounce cases and bail.
General information only. These answers explain the law in general terms. They are not legal advice, and every case depends on its own facts and documents.
01Cyber fraud
I lost money through UPI or online fraud. What should I do first?
Call the National Cyber Crime Helpline 1930 or report at cybercrime.gov.in as soon as possible, then inform your bank in writing and ask it to block your card, UPI ID or account. Save screenshots, transaction IDs (UTR numbers), and the phone numbers, links or UPI IDs used. Do not delete chats.
Will I get my money back?
It depends on how quickly the fraud was reported and whether the money could be held in the accounts it was moved to. Held money is not returned automatically; an application is made to the police and, where needed, to the Magistrate. Separately, under RBI rules, a customer who reports an unauthorised transaction to the bank within three working days generally has zero liability, where the customer was not at fault. This may not apply where you made the payment yourself after being misled.
Do I have to go to the police station?
The first complaint can be made online or on 1930. After that, the cyber police may call you to record your statement or collect documents. Keep the acknowledgement number of your complaint and carry copies of your bank statement and screenshots when you go.
Someone is threatening to post my private photos. What should I do?
Do not pay; payment usually leads to more demands. Stop replying, but first save screenshots of the chats, the profile link and any payment details. Report the account to the platform and file a complaint at cybercrime.gov.in, which has a separate section for crimes against women and children.
02Frozen bank accounts
Why has my bank account been frozen?
When an online fraud is reported, the police trace the money through every account it passed through and can ask banks to freeze or hold amounts in those accounts. Many people whose accounts are frozen had no knowledge of the fraud; for example, a shopkeeper or freelancer who received a payment for genuine work.
How do I find out who froze my account?
Ask your bank in writing for the reason for the freeze, the name of the police station or agency that asked for it, and the complaint or reference number. Without these details, the right authority cannot be approached for release.
Can the whole account be frozen for a small amount?
Banks sometimes freeze the entire account even when only a small amount is linked to the complaint. In such cases, relief can be sought from the investigating agency or the court to limit the freeze to the disputed amount, so that the rest of the account can be used.
Does a frozen account mean I am an accused?
Not necessarily. A freeze is a step in the investigation of someone else's complaint. If you receive a notice from the police, keep a copy, note the date, and take legal advice before you respond. Carry documents that show why you received the money, such as invoices or chats.
03Cheque bounce
What are the time limits in a cheque bounce case?
The cheque must be presented within three months of its date. The written demand notice must be sent within 30 days of receiving the bank's return memo. The drawer then has 15 days from receiving the notice to pay. If payment is not made, the complaint must be filed within one month after those 15 days end. You can use the cheque bounce deadline calculator on this website to work out these dates.
Can I file a case if the cheque was given as security?
It depends on the facts. Courts have held that a cheque given as security can lead to a case under Section 138 if a legally enforceable debt was due on the date the cheque was presented. If no such debt was due on that date, the position is different. The documents of the transaction decide this.
In which court is a cheque bounce complaint filed?
Generally, in the court with jurisdiction over the place where the payee's bank branch is located, that is, the branch where the cheque was deposited for collection (Section 142(2) of the Negotiable Instruments Act).
I have received a cheque bounce notice. What should I do?
Do not ignore it. If the full amount is paid within 15 days of receiving the notice, no offence is made out. If you dispute the amount or the debt, a reply to the notice records your stand early. Keep the notice and its envelope, and take advice on whether to pay, reply or settle.
04Bail
What is the difference between anticipatory bail and regular bail?
Anticipatory bail is sought before arrest by a person who fears arrest for a non-bailable offence, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Regular bail is sought after arrest, from the Magistrate, the Sessions Court or the High Court. Courts usually grant bail with conditions, such as joining the investigation.
Is a cheque bounce case bailable?
Yes. An offence under Section 138 is bailable, so bail is a matter of right and is furnished when the accused first appears before the court in answer to the summons. Not appearing can lead to warrants being issued.
Read more
- Lost money in an online fraud? Do these 5 things in the next 24 hours
- Bank account frozen by cyber cell: why it happens and how to get it unfrozen
- How to send a cheque bounce legal notice under Section 138
- Received a cheque bounce notice? How to reply and what your options are
- Security cheque bounce: can a case be filed under Section 138?
- Anticipatory bail in cyber fraud cases: when and how to apply
Cheque returned unpaid? Work out your dates with the cheque bounce deadline calculator. Official helplines and portals are listed on the useful links page.