Cyber Crime FIR in India: What to Do If You’ve Been Falsely Accused or Tricked

With the rise in digital usage, cyber crimes in India are increasing rapidly — but so are cases of false accusations, identity theft, and fraud where innocent people are wrongly dragged into legal trouble.

At Bihar Advocates Club, we’ve handled many cases where someone received a call from the cyber cell, a sudden FIR was lodged, or their name appeared in a scam they had nothing to do with. If this happens to you — don’t panic. There are legal remedies and steps you can take.

Here’s everything you need to know.

What Is a Cyber Crime FIR?

A Cyber Crime FIR is a formal police complaint registered under sections of the Information Technology (IT) Act, 2000 and the Indian Penal Code (IPC) for online-related offences such as:

• Online fraud (UPI scams, fake links, etc.)

• Hacking or data breach

• Impersonation (fake profiles)

• Cyberbullying or harassment

• Defamation or revenge porn

• Phishing or job fraud

• Using someone’s identity without consent

But unfortunately, innocent people also get falsely named in such FIRs due to mistaken identity, technical error, or intentional misreporting.

False Cyber Crime Allegation: Common Situations

1. You sold a phone or SIM, and someone used it for fraud

2. Your number was cloned or spoofed

3. Your account was hacked and used for illegal activities

4. Someone used your PAN, Aadhaar or photo to open fake accounts

5. You clicked on a suspicious link unknowingly

6. You were added to a fake investment group/chat without consent

7. Online chats or posts taken out of context

What to Do If You’re Falsely Accused in a Cyber FIR

1. Stay Calm – Don’t Panic

• Do not delete anything (messages, emails, screenshots).

• Preserve all proof — it might help your case.

2. Consult a Lawyer Immediately

• A good cyber law advocate can guide you and protect your rights.

• If a notice or FIR is received, your lawyer can apply for anticipatory bail.

📞 Contact Bihar Advocates Club for immediate legal help in cyber FIR matters.

3. File a Counter Complaint

• If you’re sure the complaint against you is false or malicious, you can file a counter FIR under IPC Sections like:

  • 217 BNS – False information to police

  • 248 BNS – False charge with intent to harm

4. Apply for Quashing of FIR (if needed)

• You can approach the High Court under Section 482 CrPC to quash a false cyber FIR, especially if there is no direct evidence against you.

5. Cooperate, But Know Your Rights

• Always be polite with the cyber cell, but never speak without your lawyer present.

• Do not sign any written statements without legal advice.

Where to File a Cyber Crime Complaint (Genuine Victims)

If you are a victim of cyber fraud or harassment:

🔹 File Online:

https://cybercrime.gov.in

🔹 File an FIR at:

• Your nearest Cyber Crime Police Station or local police station (especially in cities like Patna, Gaya, Bhagalpur)

Remember: FIRs for cyber crime can be filed in any jurisdiction, not just where the crime occurred.

How Bihar Advocates Club Can Help You

We handle:

• False cyber FIR defense

• Anticipatory bail in cyber cases

• Quashing petitions in High Court

• Representation before Cyber Cells

• Legal advice on phishing, online fraud, identity theft

• Help for students, NRIs, and professionals wrongly named in FIRs

📲 Call or WhatsApp us immediately if you receive any police notice or cyber complaint.

Pro Tips to Protect Yourself Online

• Never share OTPs, passwords, or personal info

• Don’t click on suspicious links

• Don’t forward unverified job or investment messages

• Use strong passwords and two-factor authentication

• Never share your documents online without watermarking