- Ramesh was in a shop which accepts only cash and one Rehman approaches him and says – “Sir I don’t have cash and here they want only cash. Can I UPI 1000 rupees to you and will you give cash?”. Ramesh accepted and later he gets a mail saying his bank account linked to that UPI is frozen by Mumbai police as some money from cybercrime proceeds was transferred to it.
- Suresh left a startup company he was working for as he did not get salary for 2 months and later he got a notice falsely accusing him of stealing critical patented information.
- Vidhula got a notice from Gujrat police that sim cards in her name was used for cyber extortion, scary part was that Vidhula was not aware of those sim cards.
- Francis sold his crypto currency on an exchange and in return the money was transferred to his ICCI bank account. Week later, he gets a notice of money laundering and that ICICI bank account gets frozen by the Delhi police.
Above are some of the examples where one can get be falsely accused of involved in cyber crime, there are many other scenarios where you can be accused of involved in cybercrime by police with or without your direct knowledge or action. I have individually discussed before what to do in case your bank account gets frozen and how to check and disable sim cards in your name.
In this article, I will talk about what must be your first steps to understand what cybercrime you are accused of, how to evaluate or check if its a valid or false/invalid complaint, what are your rights and obligations, Potential Defenses in Cybercrime Cases, What are your bail options, What happens after the investigations, and finally some important court cases which can help you defend yourself.
First few steps the cybercrime accused can take :-
- If you have not committed any crime, don’t get panicked and perform any steps in haste or take any retaliatory steps.
- Check in the National Cyber Crime Reporting Portal, if your name appears in this repository.
- Contact a good lawyer who has dealt with cyber crime cases and take his advice as soon as possible.
- Gather all the information available online or over phone like complaint/FIR copy, statements etc. from the police and do not provide any information on our story or goto police station without lawyer’s advice.
- Save and take backup of all the digital evidence associated with the
- incident you are accused of.
- Do not post any information on the social media nor delete any information related to the incident as it may be used to prove your guilt.
How to evaluate or check if its a valid or false/invalid complaint :-
Cybercrimes are sometimes used as tools for personal vendettas or disputes. If the complaint filed against you is false or malicious, it could have serious consequences on your personal and professional life. False accusations of cybercrime can arise from ego, misunderstandings, jealousy, or even intentional attempts to harm your reputation.
Your cyber lawyer can help you if the complaint or FIR lodged against you is valid or invalid based on technicality or from legal perspective. If you are not involved or some of your sensitive information like Aadhar or PAN was misused to open bank accounts or purchase sim cards used for the cybercrime, then your lawyer can help you in drafting a response which can help in proving your innocence to the investigation officer or file a dismissal plaint.
What are your rights and obligations? :-
Some of the rights provided to the accused by our constitution and laws include :
- If the complaint is false or without merit, your lawyer can file for its dismissal or challenge its legitimacy in court.
- The police or authorities are required to conduct an unbiased investigation. You are entitled to legal representation throughout this process.
- You are entitled to protection against unlawful digital surveillance or unwarranted collection of your personal data.
- You need not answer to any question, which can incriminate you directly. Keep responses brief and factual, avoiding personal opinions.
- You are presumed innocent until proved guilty and the burden of proof is on the accuser or prosecution.
- You have a right to apply for bail.
- You have the right to review and examine the evidence against you before the trial.
- You can file counter complaint or defamation suite and ask for compensation, if you are falsely accused.
Some of the obligations that you accused need to honour as per our constitution and laws include :
- You need to cooperate with the authorities and investigation officer.
- You must not delete or destroy or tamper with any evidence(emails, social media posts, messages, etc.) related to the case. As it is a offence and can make your case worse.
- When the investigation and the case is subjudice, do not discuss anything in public or social media on the case.
Potential Defenses in Cybercrime Cases :-
- Lack of Evidence : Prosecution must prove the charges beyond a reasonable doubt. If there is insufficient or inconclusive evidence tying you to the alleged activity, your defense is stronger.
- Hacked or Compromised Systems : Demonstrating that your computer, email, or other accounts were hacked by a third party can show that you were not responsible for the actions.
- No Criminal Intent : Cybercrimes often require proof of intent. If you can show that you did not knowingly or intentionally engage in illegal activities, this can form a solid defense.
- Mistaken Identity or IP Misattribution : Sometimes accusations arise from incorrect identification of an IP address or device. A forensic expert can help clarify this and prove that the alleged crime did not originate from your devices.
- Constitutional violation : Law enforcement officials are prohibited from conducting unlawful searches and seizures. Any evidence obtained through such unlawful means are not admissible.
- No Access to the System : If you can prove that you did not have access to the computer systems or networks involved in the alleged cybercrime, this can undermine the accusation.
What are your bail options :-
- Anticipatory Bail : Applicable under Section 482 BNSS An accused fearing arrest in a cyber fraud matter may approach the Sessions Court or High Court for anticipatory bail. Courts often examine the mens rea, digital evidence trail, and prior criminal history.
- Regular Bail : Applicable under Section 480/483 BNSS If the accused has already been arrested, they may apply for regular bail before the Magistrate or Sessions Court. Key factors considered by courts include – Nature and gravity of offence Evidence and digital trail, Chances of tampering with evidence Flight risk.
- Interim Bail or Temporary bail : Relief may be granted pending disposal of anticipatory or regular bail applications. This is relevant when urgent relief is required in situations like police summons or ongoing investigation.
What happens after the investigations is complete :-
After the investigation, one of two things may happen:
- No Charge/Release : If the investigation proves that you are not guilty or the complaint is found to be false, the case may be closed without any charges.
- Chargesheet Filed : If the investigation reveals sufficient evidence of a crime, the authorities may file formal charges against you, and the legal process will proceed.
Important court cases which can help you defend yourself :-
You can use the below various court case judgements as precedents to defend yourself :
- Som Mittal VS Government of Karnataka : In this case, Supreme court laid down rules and guidelines under which a false or frivolous FIR can be quashed.
- State Of Rajasthan VS Balchand : In this case, Supreme court laid down the principle first time “Bail is the rule and Jail is an exception” as detention infringes upon the Right to life and liberty under Article 21 of Indian Constitution.
- Shreya Singhal vs. Union of India : In this case, Supreme court affirmed the importance of protecting free speech and expression while also establishing that any restrictions imposed should be precise and not open to arbitrary interpretation.
- Kali Ram v. State of Himachal Pradesh : In this case, Supreme Court reiterated that an accused is presumed innocent unless proven guilty beyond a reasonable doubt. If two views arise from the evidence presented, the one favoring the accused must be adopted.