2026 Sop for cyber fraud cases

 https://drive.google.com/file/d/1SxMKf-VOBPlaMeVQhizJrz_22MABT6Bl/view?usp=sharing

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Bombay HC: An Investigating Agency has no power to attach or debit freeze an account U/S106 of the BNSS

That being so, the law stands well settled that under Section 106 of the BNSS, an Investigating Agency has no power to attach or debit freeze an account. {Para 13}

14. In that view of the matter, the orders, which are passed by the Investigating Agency in respective petitions under Section 106 of the BNSS are liable to be quashed and set aside.

15. We may note here that there is, in place system to deal with the financial fraud, which is titled as "Citizen Financial Cyber Frauds Reporting and Management System". This system has been published by the Indian Cybercrime Coordination Centre, which comes under the Ministry of Home Affairs, Government of India. Our attention is invited to FAQs, particularly, FAQ No. 21. The said question and answer would throw further light as to how Banks should deal with reports/communications received from an Investigating Agency. FAQ No. 21 and its answer reads as under :

"21. Whether the Bank can block/withhold the funds on the basis of the complaint's acknowledgement number that gets reported on the helpline number or NCRP ?

Yes, Bank/intermediaries can put the disputed amount on lien on the basis of the complaint's acknowledgement number so that amount can be refunded later, after investigation of the complaint by concerned State/Uts LEAs."

16. As could be seen, Bank/intermediaries can put the disputed amount on lien, but cannot debit freeze the account.

17. Despite such status, some Banks upon receiving certain communications from Investigating Agency, which does not even call for debit freezing accounts, are proceeding to debit freeze the accounts of the account holders resulting into losses to their day-to-day affairs.

18. Put all together, it is abundantly clear that an Investigating Agency has no power of attachment/debit freezing a Bank Account under Section 106 of the BNSS.

19. The Investigating Agency may, however, proceed in terms of Section 107 of the BNSS to debit freeze or attach a Bank Account.

20. So far as Banks are concerned, they should act in terms of the Management System, mentioned above, unless there is an specific order of debit freezing an account by a competent authority.

 IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Writ Petition Nos. 321 of 2025.

Decided On: 20.11.2025

Kartik Yogeshwar Chatur and Ors. Vs. Union of India and Ors.

Hon'ble Judges/Coram:

Anil L. Pansare and Raj D. Wakode, JJ.

Citation: MANU/MH/9314/2025.

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Digital Rape: Not a Cybercrime — A Crime of the Hand

The moment most people hear "digital rape," their mind jumps to hacking, deepfakes, or online abuse. That instinct is entirely wrong, and the mix-up matters because it shapes how victims are heard, how police respond, and how the public understands consent.

The word "digital" here has nothing to do with computers, phones, or the internet. It comes from the Latin word digitus, meaning finger. In plain terms, "digital rape" is medico-legal shorthand for non-consensual sexual penetration using a finger — sometimes extended to a toe or thumb. It is not a term found in any statute book. No law in India names an offence called "digital rape." It survives purely as descriptive language used by doctors, investigators, and the media to specify the manner of assault.

Where the Law Actually Places It

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Major Boost to India’s Fight Against Cyber-Enabled Money Laundering: I4C Gains PMLA Authority

 On April 25, 2025, the Government of India took a landmark step to strengthen the country’s fight against cyber-enabled financial crimes by officially designating the Indian Cyber Crime Coordination Centre (I4C) as an authorized entity under Section 66(1)(ii) of the Prevention of Money Laundering Act, 2002 (PMLA). This pivotal move empowers I4C to directly coordinate, collect, and share information related to money laundering activities involving cybercrime, thereby bridging the gap between cyber law enforcement and anti-money laundering frameworks.

Read said Notification here: 

https://drive.google.com/file/d/1b1bi1VNWrl6JzyUi5TnyDJcY9kQ6QCAy/view?usp=sharing

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Under which circumstances the court can release accused on bail relying on metadata of photo submitted by him by taking the plea of alibi?

 It is the submission of learned counsel for the applicant that applicant is suffering in confinement on false pretext. Counsel for the applicant referred the letter dated 28.02.2020 written by Station House Officer, Police Station Nai Saraye, District Ashoknagar addressed to Trial Court and report of Cyber Forensic Lab, Bhopal containing digital forensic examination report dated 12.12.2019 and subsequent report filed by the Cyber Forensic Lab, Bhopal indicates that photograph submitted by the applicant was in support of his innocence on the basis of plea of alibi. From perusal of Metadata of photograph, it is prima facie clear that the present applicant was present at Bakaspur Village Khajuri, Tahsil Badarwas, District Ashoknagar on 02.04.2019 at about 1.34 pm and time of incident is around 1.30 pm - 2.00 pm on the same day at Village Ranga, Tahsil Nai Saraye, District Ashoknagar. The distance of place of incident is around 60 kms.- 70 kms. from the place where applicant was present at 1.34 pm. Such distance can only be covered by the applicant in not less than one hour at least. Therefore, Metadata of photo and report indicate that he was present at that time at a place 60 kms.-70 kms. away from the place of incident and no tampering has been made in photograph.

According to applicant, benefit of doubt so far as grant of bail is concerned be given to him because it is the case of over implication. Applicant has been arrayed as accused on false pretext. He does not bear any criminal record. Confinement amounts to pretrial detention. 

This is the case mainly in respect of digital forensic evidence and Metadata of any photograph is a big tool in the hands of forensic experts to reach to the truth about the exact nature of incident. Trial Courts are expected to scrutinize the said scientific tool with care and deep study so that forensic examination of evidence can be done to its higher standards. Metadata can be very useful especially in cases where plea of alibi is taken by the parties or accused in particular. Photo, Metadata details and report of Digital Forensic Expert should carry due certification as per Evidence Act and other relevant provisions.

Madhya Pradesh High Court

Surendra vs The State Of Madhya Pradesh on 16 June, 2020.

M Cr. C No. 15796/2020

Author: Anand Pathak

Bench: Anand Pathak

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What are cyber crimes? What will be evidence in cyber crime?

 Cyber Crimes: An Overview

Cyber crimes are criminal activities conducted using computers, networks, or the internet. These crimes encompass a wide range of illegal actions, including but not limited to:

1. Hacking: Unauthorized access to computer systems or networks.
2. Phishing: Fraudulent attempts to obtain sensitive information by pretending to be a trustworthy entity.
3. Identity Theft: Stealing personal information to commit fraud or other crimes.
4. Cyberstalking: Using the internet to harass or stalk individuals.
5. Online Fraud: Deceptive schemes to defraud individuals or organizations via online platforms.
6. Malware Distribution: Spreading malicious software to damage or gain control over systems.
7. Denial of Service (DoS) Attacks: Disrupting services by overwhelming them with traffic.
8. Intellectual Property Theft: Stealing or distributing copyrighted material without permission.
9. Child Exploitation: Creating, distributing, or accessing child pornography.
10. Cyber Terrorism: Using digital means to terrorize or threaten individuals, organizations, or governments.

11. Evidence in Cyber Crime Cases: Indian Law Perspective

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Bombay HC: IPC Can Simultaneously Be Invoked If Sections Under IT Act(Cyber crime) Don't Address All Ingredients Of Offence

The common thread deducible from various judgments of the Supreme Court covering similar issues, where an act is an offence under a special statute having an overriding effect over the offence covered by the general law like Indian Penal Code, is that in order to exclude the general law or the offence therein, ingredients of the offence defined under the special statute and the Indian Penal Code will have to be the same. If even one ingredient of an offence under the Indian Penal Code is missing in the act which has been made punishable under the special statute, the Indian Penal Code section will not be excluded and still can be resorted to albeit, the provisions of section 71 of the Indian Penal Code and section 26 of the General Clauses Act will have to be borne in mind by the Courts while imposing the sentences.{Para 37}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 2562 OF 2019

(AWADHESH KUMAR PARASNATH PATHAK V. THE STATE OF MAHARASHTRA AND ANOTHER)

CORAM : MANGESH S. PATIL, R.G. AVACHAT & SHAILESH P. BRAHME, JJJ.

PRONOUNCED ON : 15 APRIL 2024

JUDGMENT (MANGESH S. PATIL, J.) :

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Whether court can direct accused to disclose his password to investigating officer?

 DISCLOSURE OF PASSWORD:

5.13. There are several provisions in the Code of Criminal Procedure, 1973 as well as the Indian Evidence Act, 1872 that empowered the Trial Court to direct the Petitioner to  disclose the password.

5.14. Section 139 of the Indian Evidence Act itself provides that a person may be summoned to produce a "document". The term "evidence" has been defined in Section 3 of the Indian Evidence Act inter al i a to mean " al l documents including electronic records". Therefore, the term "document" used in Section 139 of the Indian Evidence Act includes any electronic record in possession of the Petitioner. Thus, Section 139 of the Indian Evidence Act authorises the disclosure of the password by the Petitioner and hence the order dated 14.09.2020 does not abridge Petitioner's right to privacy under Article 21 of the Constitution of India.

5.15. That apart, Section 54-A of the Code of  Criminal Procedure, 1973 inter alia stipulates that, where a person is charged with committing an offence; and  his identification is necessary for the purpose of investigation of an offence, the Court may direct the person so arrested to subject himself to identification by any person as the Court deems fit.

5.16. In the present case, the password is nothing but an 'identification mark' of the Accused/ Petitioner by the service providers hosting his data. Therefore, the disclosure of the password is sanctioned by Law under Section 54-A of the Code.

5.17. The disclosure of password is in the nature of giving specimen signatures or handwriting. Therefore, the disclosure of password can also be ordered under Section 311-A of the Code of Criminal Procedure, 1973. 5.18. In Ritesh Sinha v. State of Uttar Pradesh (2019) 8 SCC 1, the Supreme Court of India held that the Magistrate could order the collection of voice sample under Section 311- A of the Code of Criminal Procedure, despite there being no express provision to that effect, having regard to existing realities and imminent necessity of present situation. Therefore, given the fact that the disclosure of password is akin to giving specimen signature, disclosure can be ordered under the aforesaid provision. Hence, the order dated 14.09.2020 passed by the Trial Court is sanctioned by Law.

Karnataka High Court

Mr. Virendra Khanna vs State Of Karnataka By: on 12 March, 2021

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Supreme Court: Prosecution should give cloned copy of contents of memory card/pen drive to accused

 If the accused or his lawyer himself, additionally, intends to

inspect the contents of the memory card/pendrive

in question, he can request the Magistrate to provide him inspection in Court, if necessary, even for more than once alongwith his lawyer andI.T. expert to enable him to effectively defend himself during the

trial. If such an application is filed, the Magistrate must consider

the same appropriately and exercise judicious discretion with

objectivity while ensuring that it is not an attempt by the

accused to protract the trial. While allowing the accused and his

lawyer or authorized I.T. expert, all care must be taken that they

do not carry any devices much less electronic devices, including

mobile phone which may have the capability of copying or

transferring the electronic record thereof or mutating the

contents of the memory card/pendrive

in any manner. Such multipronged approach may subserve

 the ends of justice and also effectuate the right of accused to a fair trial guaranteed under Article 21 of the Constitution.

44. In conclusion, we hold that the contents of the memory

card/pen drive being electronic record must be regarded as a

document. If the prosecution is relying on the same, ordinarily,

the accused must be given a cloned copy thereof to enable

him/her to present an effective defence during the trial.

However, in cases involving issues such as of privacy of the

complainant/witness or his/her identity, the Court may be

justified in providing only inspection thereof to the accused and

his/her lawyer or expert for presenting effective defence during

the trial. The court may issue suitable directions to balance the

interests of both sides.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1794 OF 2019

P. Gopalkrishnan @ Dileep Vs State of Kerala 

A.M. Khanwilkar, J.

Dated: November 29, 2019.
Citation: AIR 2020 SC 1,2019 SCC OnLine SC 1532. 

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Whether accused can be prosecuted under S 292 of IPC if he is not charged under S 67 of information technology Act?

In Solidaire India Ltd. v. Fairgrowth Financial Services Ltd.20, this Court while dealing with two special statutes, namely, Section 13 of Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 and Section 32 of Sick Industrial Companies (Special Provisions) Act, 1985, observed as follows:-

“Where there are two special statutes which contain non obstante clauses the later statute must prevail. This is because at the time of enactment of the later statute, the Legislature was aware of the earlier legislation and its non obstante clause. If the Legislature still confers the later enactment with a non obstante clause it means that the Legislature wanted that enactment to prevail. If the Legislature does not want the later enactment to prevail then it could and would provide in the later enactment that the provisions of the earlier enactment continue to apply.”

34. The aforesaid passage clearly shows that if legislative intendment is discernible that a latter enactment shall prevail, the same is to be interpreted in accord with the said intention. We have already referred to the scheme of the IT Act and how obscenity pertaining to electronic record falls under the scheme of the Act. We have also referred to Sections 79 and 81 of the IT Act. Once the special provisions having the overriding effect do cover a criminal act and the offender, he gets out of the net of the IPC and in this case, Section 292. It is apt to note here that electronic forms of transmission is covered by the IT Act, which is a special law. It is settled position in law that a special law shall prevail over the general and prior laws. When the Act in various provisions deals with obscenity in electronic form, it covers the offence under Section 292 IPC.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

(Before Dipak Misra and Praffula C. Pant, JJ.)

Sharat Babu Digumarti  v. Govt. of NCT of Delhi 

Criminal Appeal No. 1222 of 2016

Decided on December 14, 2016

Citation:2016 SCC OnLine SC 1464,AIR 2017 SC 150,(2017) 2 SCC18

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How to ascertain liability of Cyber Cafe Owner Liability (S67C) in case of cyber crime?

 As per guidelines for Cyber Cafe rules intermediary and Cyber
Cafe means as per definition in Act. In I.T. Act intermediary includes
Cyber Cafe. Cyber Cafe means any facility from where access to   the
internate is occurred by any person in the ordinary course of business to
the members of the public.  As per rule 3 of the Information Technology
( guidelines for Cyber Cafe) Rules 2011 registration of Cyber Cafe is
compulsory. As per rule 4 taking ID proof of users is compulsory. As per
rule 5 log register is compulsory.  Preserving the information under rule
4 and 5 for 1 year is compulsory. In the present case Cyber Cafe was not
registered. Requisite information was not obtained and preserved.   As       ­  
per   section   67   C   (1)   preserving   and   retaining   the   information   by
intermediary is compulsory. Breach of sub section 1 is punishable as per
section 67 C (2) of I.T. Act. Internet connection was in the name of
accused Vishal Bhogade. It was being run by accused Sandesh Dere.
Hence,  considering   the   Act   and   rules   framed,   both   the   accused   are
responsible for contravention of rules.       ­   ­                           
IN  THE  COURT  OF  JUDICIAL  MAGISTRATE  FIRST  CLASS,
(COURT NO. 3),   PUNE
  (Presided over by S. R. Nimse)
R C. C. No. 2095/2013                
Complainant   ­           State of Maharashtra 

                            V E R S U S
Accused   ­              1.    Vishal Hiraman Bhogade.

                               2. Sandesh Sopan Dere

Offence Punishable Under Section  43 (g), 66, 67 C (2) of Information
    Techonology Act, 2000 and section 188 of Indian Penal Code  .
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
   
( Delivered on  31 th July 2015  )

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Top 10 Tips to Protect Yourself Against Computer Viruses

When your computer gets infected with a virus it can be a devastating experience and this is exactly why you need to protect your computer from viruses. A virus can consume your precious computer files and even damage your computer hardware. Is this worth ignoring? I don’t think so!  Anything you can do when protecting your computer from viruses has to be a good thing and is well worth spending your time on. We all know prevention is better than a cure so I am going to share my top 10 tips on how to protect your computer from viruses.

10 Tips to Protect Your Computer From Viruses

There are many ways to protect your computer from nasty viruses invading. Protecting your computer is a number one concern for every computer user on earth. I do not know anyone that wants to have their computer crash due to a virus invasion. Here are 10 ways to protect your computer  from viruses and keep your files and data safe.

1. Learn about viruses

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Know the Risks of Using ATM and Online Banking

As convenient and user-friendly as the ATM (automated teller machine) and online banking services are, they have their own share of security risks. This blog entails the security risks of using ATMs and online banking, and discusses some valuable safety measures users can take.

Risks Involved with ATMs

The greatest security risk of using an ATM is falling prey to “card skimming”. It is an illegal activity carried out by criminals to obtain the data embedded in the magnetic strip of credit or debit cards that are used in ATMs. 

Risks Involved with Online Banking

Fake ICICI Bank website

Phishing Scam

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How to protect yourself from phishing attack?

Phishing is a type of internet fraud in which criminals send emails that appear to come from your bank to get you to enter passwords and account details on a fake version of your bank’s website. Look for the following telltale signs to spot a phishing email:

• Generic greetings such as ‘Dear customer’. If your bank sends you official mail, it should have your full name.
  Threats to your account and requests for immediate action. Most companies want you as a customer and are not likely to be so quick to lose your business.
  Requests for personal information. Most businesses didn’t ask for personal information by phone or through e-mail even before phishing became widespread.
  Suspicious links. Links that are longer than normal, contain the @ symbol or are misspelled could be signs of phishing. It’s safer to type the business’s URL into your browser than to click on any link sent in an email.
  Misspellings and poor grammar.

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Andhra Pradesh HC: Computer programme is protected by law as copyright

It becomes clear that a computer programme is by very definition original literary work and, therefore, the law protects such copyright. Under Section 63 of the Copyright Act, any infringement of the copyright in a computer programme/source code is punishable. Therefore, prima facie, if a person alters computer programme of another person or another computer company, the same would be infringement of the copyright

Andhra High Court

Syed Asifuddin And Ors. vs The State Of Andhra Pradesh And ... on 29 July, 2005

Equivalent citations: 2006 (1) ALD Cri 96, 2005 CriLJ 4314

Author: V Rao

Bench: V Rao

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