Chandigarh, July 13, 2024 (Yes Punjab News)
In a significant move to bolster the fight against cybercrime and provide timely redressal to victims, the India Cybercrime Coordination Center has issued a comprehensive Standard Operating Procedure (SOP) for the refund of money blocked in cybercrime cases.
This new SOP is designed to streamline the process of returning defrauded money to its rightful owners, clearly delineating the roles and responsibilities of investigating officers, banks, and victims.
The initiative aims to ensure swift and effective handling of cybercrime-related financial disputes, thereby enhancing public trust in the system.
The Role of Investigating Officers
Under the new SOP, investigating officers (IOs) play a crucial role in the identification and restitution process. The primary responsibility of the IO is to identify the real owner of the blocked money. This involves several key steps:
1. *Issuing Notices:* 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.
2. *Verification Process:* The IO must ensure that the account holder appears for verification, either in person or through a video conference, within 30 days. This verification process is vital for confirming the legitimacy of the account holder’s claim to the blocked funds.
3. *Recording Non-compliance:* 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.
4. *Court Orders:* 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 on NCRP/FIR/e-FIR, to the competent court.
Responsibilities of Banks
Banks also have specific obligations under the new SOP to ensure the efficient handling of blocked funds:
1. *Responding to Notices:* Upon receiving a notice under Section 106(3) BNSS, banks must refund the blocked money to the victim. This step is crucial for the timely restitution of funds.
2. *Updating NCRP:* 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.
3. *Proactive Refunds for Amounts Less Than ₹50,000:* If the blocked amount is less than ₹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. These transactions must be reported and updated on the CFCFRMS.
4. *Coordination with IOs:* Banks must collaborate with IOs and comply with their instructions and court orders for releasing funds.
Options for Victims
Victims of cybercrime have several avenues to reclaim their blocked funds under the new SOP:
1. *Court Application:* Victims can file an application in the jurisdictional court for the release of the blocked amount under Section Section 497 or 503 BNSS. This legal recourse ensures that victims have a structured way to seek justice.
2. *Bond Undertaking:* Upon executing a bond, victims can direct the bank to remit the amount. This process involves a formal undertaking to ensure compliance with court orders.
3. *Legal Services:* Victims can utilize 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.
4. *Supardari Orders:* Victims can approach the court to issue supardari orders based on complaints registered on the NCRP portal. This provision allows for a quicker resolution in certain cases.
Enhancing Transparency and Efficiency
The new SOP is designed to enhance transparency and efficiency in handling cybercrime cases. By providing clear and detailed guidelines for IOs, banks, and victims, the SOP ensures that timely actions are taken for the verification and refund processes.
It encourages collaboration between law enforcement and financial institutions, fostering a cohesive approach to tackling cybercrime.
Moreover, updating information on the Citizen Financial Cyber Frauds Reporting and Management System (CFCFRMS) and the NCRP portals is crucial for tracking the progress of cases, maintaining data integrity, and facilitating effective communication among stakeholders.
DGP’s statement
“This initiative by the India Cybercrime Coordination Center 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 smoother and more responsive system for reclaiming their defrauded funds.”
ADG Cyber Haryana, OP Singh’s Statement
“This SOP is a game-changer in our fight against cybercrime. It not only ensures that victims get their money back swiftly but also enhances the overall efficiency and transparency of the process.
Our aim is to build a robust system that deters cybercriminals and instills confidence among the public.”
Conclusion
The introduction of this SOP marks a significant step towards ensuring justice for victims of cybercrime.
By streamlining the process of refunding blocked money and clearly defining the roles and responsibilities of all parties involved, the SOP aims to restore public trust in the system and deter future cybercrimes.
As stakeholders across the board work together under this new framework, the fight against cybercrime in India is set to become more robust and efficient.
