High Court eases money recovery method for cyber fraud victims

Soumyadip Mullick, MP, 12 Mar 2025, Kolkata : In cyber fraud cases lodged with National Cyber Crime Reporting Portal (NCRP), Calcutta High Court has directed magistrates within its jurisdiction not to insist on FIR registration and dispose of such matters by releasing the funds in favour of the victims on the basis of complaint copy and action taken report by cyber police stations. 

The direction is learnt to have come considering the exponential jump in complaints relating to cyber fraud lodged with NCRP. As per data available with the High Court, the number of complaints increased from mere 451 to 37825 between 2021-2024. 

Further, there has been a recovery of Rs. 66.57 crores in respect of cyber frauds in Bengal during 2024 (upto July 31). 

The direction was issued so magistrates having jurisdiction under Section 503 BNSS (457 CrPC) entertain the applications for returning the victims their money blocked by the Cyber Crime Cell pursuant to online complaints received by NCRP portal. 

Section 503 BNSS (457 CrPC), inter-alia, empowers the Magistrate to pass order disposing of seized property when the seizure is reported to the Magistrate under the provisions of the said law and the property is not produced before the Criminal Court during an enquiry or trial. 

In cyber fraud cases, proceedings under Section 106 BNSS (102 CrPC) is said to have commenced when a victim lodges complaint at the NCRP and the concerned agency takes steps to trace the money trail, and upon identifying the defrauded sum issues directions to freeze the account and block the stolen money. 

Mamata The police need to report the seizure to the Magistrate having jurisdiction in respect of the offence. If an application for return of the seized cash is made under Section 503 BNSS (457 CrPC), the Magistrate within whose jurisdiction the offence is committed wholly, or in part, may entertain such application and call for a report without insisting on registration of FIR. 

Upon receipt of such a report regarding seizure of defrauded cash, the Magistrate shall pass appropriate order on the application. However, FIR must be lodged by the investigating police authorities if the victim desires so, said the directions. 

https://www.millenniumpost.in/bengal/bjp-importing-fake-hinduism-to-bengal-602267