CHENNAI: A senior Indian Revenue Service (IRS) officer, who retired as Principal Chief Commissioner of Income Tax on July 31, had to run from pillar to post to register an FIR after he lost Rs 4.6 lakh in his bank account in an online fraud on August 4.
The inspector of the cyber crime cell of the Chintadripet Police Station, where a complaint was filed on August 7, wanted the prior approval of Greater Chennai Police Commissioner A Arun to file the FIR, DN Kar, the retired official, said.
Kar told TNIE that Rs 4.6 lakh was swindled from his account after he received an SMS about SBI netbanking reward points. He mistakenly clicked on the link which took him to a bank’s mirror image site and his personal details were stolen. He later found that four debit transactions for Rs 69,874, Rs 98,879, Rs 55,986 and Rs 2,35,467 were made from his account within two hours.
He immediately called SBI’s helpline number, and got his bank account and internet banking facility locked. He also registered a complaint with the Central Cybercrime Helpline 1930 and uploaded the complaint on the central government’s cybercrime portal.
While three transactions were reversed and the funds were returned to his bank account, SBI and a message from the cybercrime portal informed him that an FIR was needed for reversing the fourth transaction of Rs 2.35 lakh.
Accordingly, on August 7, Kar said he had asked an Income Tax inspector to approach the Chintadripet police station along with all the required documents to file an FIR on his behalf. The complaint papers were taken by the police station staff but no acknowledgement was given, which Kar said was a violation of Section 154 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
After several follow-ups, including messages to the police commissioner, and intervention of a top police official, an FIR was registered at Chetpet police station on August 14.
TNIE accessed the circular dated July 22, signed by the CoP, which stated that cases pertaining to cheating or criminal breach of trust or misappropriation, forgery, immovable property frauds or grabbing, and cyber crimes should be brought to his knowledge before filing a CSR or FIR. The commissioner’s concurrence should be obtained either through phone or note.
Police sources said this has resulted in delay in filing of FIRs in such cases.
When TNIE contacted commissioner Arun, he said there is no need for registering an FIR in cybercrime cases such as these for the banks to take action. One can approach 1930 (Cyber Crime Helpline) and the amount can be secured. Only in cases pertaining to data theft, FIRs are being filed, he said.
“Regarding cases pertaining to cheating or criminal breach of trust or misappropriation, forgery, immovable property frauds or grabbing, the instruction to take prior approval was given to cut down on katta panchayats (kangaroo courts),” the commissioner said.
When asked about SBI seeking an FIR, the officer said that the banks may not be aware of the provisions regarding FIRs pertaining to such cases. Kar, however, said an FIR has to be filed immediately and any delay would only help the perpetrators and not the victims.
Additional Director General of Police Cyber Crime Wing Dr Sandeep Mittal said a Madras High Court circular has clearly stated that FIRs need not be insisted after the crime is registered at the national portal. Contacting 1930 immediately is the first line of action by victims against financial cyber frauds. ‘Golden hour’ is lost in case of even slight delay, he said.
“Judicial magistrates are directed not to insist on separate FIRs being registered on the basis of an application filed under Section 457 CrPC in matters or complaint that have been registered on the national cybercrime portal,” the HC circular said.
“The decision was taken as police receive more than 100 complaints a day pertaining to cyber crimes and it is difficult to register FIRs on all of them. We had shared the circular with banks, but since the nodal officers keep changing, they insist on an FIR,” police sources said.