New SOPs streamline cybercrime refunds, victims to get quick relief
Chandigarh, July 13
In a significant move to bolster the fight against cybercrime and provide timely redress to the victims, the India Cybercrime Coordination Centre has issued comprehensive standard operating procedures (SOPs) for the refund of the money blocked in cybercrime cases. The new SOPs are designed to streamline the process of returning defrauded money to their rightful owners, clearly delineating the roles and responsibilities of investigating officers (IOs) , banks and victims, said a Haryana Police spokesperson.
Freezing accounts
If the money is held in a suspect bank account, the IO may issue a notice under Section 106(1), BNSS, to the bank. This step is critical for freezing or disabling digital transactions services associated with the suspect account.
If the money is held in a suspect bank account, the IO may issue a notice under Section 106(1), BNSS, to the bank. This step is critical for freezing or disabling digital transactions services associated with the suspect account.
The IO must ensure that the account holder appears for verification, either in person or through a videoconference, within 30 days. This verification process is vital for confirming the legitimacy of the account holder’s claim to the blocked funds.
If the account holder does not appear or fails to provide a satisfactory explanation, the IO must record this non-compliance and proceed with the next steps, including court proceedings, if necessary.
The IO must adhere to the court’s orders regarding the refund of the blocked money to the victim. This includes forwarding a report and the bond executed under Section 106(3) BNSS, along with a copy of the complaints recorded to the competent court.
The SOPs say that upon receiving a notice under Section 106(3), banks must refund the blocked money to the victim. This step is crucial for the timely restitution of the funds.
Banks are required to update the release of funds on the National Cybercrime Reporting Portal (NCRP). This ensures transparency and allows all stakeholders to track the progress of the case.
If the blocked amount is less than Rs 50,000, banks can refund the money on their own, if they determine the transaction was fraudulent. This can be done without a court order, based on the bank’s internal policy, procedures, or chargeback guidelines as per the Indian Banks’ Association’s recommendations.
Under the new SOPs, the victims can file an application in the jurisdictional court for the release of the blocked amount under Sections 497 or 503, BNSS. This legal recourse ensures that victims have a structured way to seek justice.
Upon executing a bond, victims can direct the bank to remit the amount. This process involves a formal undertaking to ensure compliance with the court orders.
Victims can utilise the services of state and district legal services authorities and Lok Adalats to aid in the process. These bodies provide valuable support in navigating the legal complexities involved.
“This initiative by the India Cybercrime Coordination Centre underscores the government’s commitment to combating cybercrime and protecting citizens’ financial interests. As these new procedures take effect, it is hoped that victims will experience a more responsive system for reclaiming their defrauded funds,” said OP Singh, ADG (Cyber).
