Calcutta HC directs all magistrates to dispose of cyber fraud cases by releasing seized funds to victims
Times of India | 13 March 2025
KOLKATA: The Calcutta high court recently directed all its magistrates to dispose of cyber fraud matters by releasing seized funds to the victims based on the complaint copy lodged with the National Cyber Crime Reporting Portal (NCRP) rather than insisting on registering an FIR.
It was clarified that an FIR must be lodged by the investigating police authorities if the victim desires. This direction came considering the exponential jump in complaints relating to cyber fraud lodged with the NCRP, from 451 complaints to 37,825 complaints between 2021 and 2024, and the recovery of 66.57 crores in respect of cyber frauds in the state during 2024, up to July 31.
Along with the NCRP complaint report, they would need an action taken report under 503 BNSS filed by the respective cyber police stations. The direction by the high court was issued on March 10 to entertain the applications by the magistrates having jurisdiction under section 503 BNSS for the return of money to the victim pursuant to online complaints received by the NCRP without insisting on the registration of an FIR.
Section 503 BNSS empowers the magistrate to pass an order disposing of seized property when the seizure is reported to the magistrate and the property is not produced before the criminal court during an enquiry or trial.
In cases of cyber fraud, when a complaint is lodged by an aggrieved person at the NCRP and the concerned agency has taken steps to trace the money trail and, upon identifying the defrauded sum, issued directions to freeze the account and block the stolen money. Thereafter, the police are to report the seizure to the magistrate, and if an application for the return of the seized cash is made under Section 503 BNSS, 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 the registration of an FIR,” it was directed.
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