Asked by a reader in Bengaluru

I called 1930 but the money has already left the account it went to. Can I still recover it?

Answered by Advocate Sharan Jain··Cyber Crime & Online Fraud

Legal Shorts · 79 words

Keep pursuing the complaint even if the first receiving account is empty. Give the investigating officer and your bank every transaction reference so they can examine the onward trail. Separately, ask your bank to assess liability under the RBI rules for unauthorised transactions. Those rules do not promise reimbursement for every scam payment, especially a transfer you authorised yourself. Save the acknowledgement and follow up in writing. A failed initial hold is not the same as a completed investigation.

Short sources checked:

WhatsApp

The 1930 call did its job if it reached the first account in time. When it did not, the money is usually split and pushed through several more accounts within hours, and what you are chasing from that point is a trace, a freeze further down the chain, and a court order. That is slower and less certain than a reversal, but it is not nothing. Here is what each part of the system now owes you.

What do the police have to do next?

Register the FIR and trace. Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the information to be given at any police station and by electronic communication, and Section 78 of the Information Technology Act, 2000 puts the investigation in the hands of an officer not below the rank of Inspector. The investigating officer writes to each bank in the chain for the account opening documents, the KYC, the transaction trail and the IP and device details, and Section 106 BNSS lets a police officer seize property suspected to be the subject of an offence, which is how a bank account is frozen, with a report to the Magistrate.

The provision to ask about by name is Section 107 BNSS, which had no equivalent in the old Code. Where the officer has reason to believe that property is derived from criminal activity, he may, with the approval of the Superintendent or Commissioner of Police, apply to the court for its attachment. The court issues a show-cause notice returnable in fourteen days, may attach ex parte where notice would defeat the purpose, and under sub-section (6), if it finds the property to be proceeds of crime, directs the District Magistrate to distribute it rateably to the persons affected. Sub-section (7) gives the District Magistrate sixty days to do so. Ask for this in writing, because the section works only when the officer moves.

The Supreme Court's order of 4 August 2026 in the suo motu digital arrest matter adds pressure from above. As reported, it directs the Reserve Bank to circulate within four weeks a standard operating procedure for temporary debit holds on mule-linked accounts, the States to run money restoration modules, and the High Courts to see that recovered funds reach victims quickly. Quote it in your follow-up letter to the investigating officer.

How do I get frozen money released to me?

A hold is not a refund. Somebody has to ask a Magistrate, and that somebody is usually you.

Where is the frozen money in the process?

  • Frozen by the police, not yet produced before any court: apply to the Magistrate having jurisdiction under Section 503 BNSS (old Section 457 CrPC) for delivery to the person entitled. This is the usual case in the first months.
  • Produced before the court during investigation or trial: Section 497 BNSS (old Section 451) lets the court order proper custody pending the case, which in practice means release to you on a bond to restore it if the order is later set aside.
  • Case concluded: Section 498 BNSS (old Section 452) governs final disposal, and sub-section (5) expressly reaches property into which the original money was converted.

The application is short. Annex the FIR, the portal acknowledgement, your bank statement showing the debit, the beneficiary bank's confirmation of the hold and the amount held, and an affidavit that the money is yours. Expect the police to be asked for a report and the account holder to be given notice. Indicatively, a straightforward release takes four to twelve weeks from filing, longer if the account holder contests or if several victims claim the same balance, in which case the court distributes pro rata.

What if my own bank delayed the freeze request?

Your bank has duties of its own under the Reserve Bank's circular of 6 July 2017 on limiting customer liability in unauthorised electronic banking transactions. Paragraph 5 requires round-the-clock reporting channels, an immediate acknowledgement carrying a complaint number, and immediate steps to prevent further unauthorised transactions on receipt of your report. Paragraph 12 puts the burden of proving your liability on the bank. If your report went in at 9 am and the hold request left the bank at 4 pm, the delay is a deficiency in service, and the question of who bears the loss for that window is a live one.

Escalate in writing, then to the bank's nodal officer, and after thirty days without a reply, or sooner if the reply is unsatisfactory, to the RBI Ombudsman under the Reserve Bank Integrated Ombudsman Scheme, 2026, which came into force on 1 July 2026 and replaced the 2021 scheme. It is free, filed online at cms.rbi.org.in, and must be filed within ninety days of the bank's reply or of the thirty-day period expiring. The Ombudsman can award compensation up to Rs 30 lakh for consequential loss and up to Rs 3 lakh for time, expense and harassment, and a pending police investigation is expressly not treated as the same grievance, so the FIR does not block the complaint. One restriction: an advocate cannot file it for you unless the advocate is the victim. Our answer on a bank refusing to refund a fraudulent transaction covers the liability bands.

Can I sue the person whose account received the money?

Yes. A person to whom money has been paid by mistake or under coercion must repay it under Section 72 of the Indian Contract Act, 1872, and a suit for recovery of the amount lies in the civil court where the defendant resides or where the cause of action arose. Limitation is three years, and Section 17 of the Limitation Act, 1963 provides that where the suit is based on the defendant's fraud, time does not begin to run until you discovered the fraud or could have with reasonable diligence. The same account holder faces Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 for dishonestly receiving or retaining property obtained by cheating, which Section 317(1) designates as stolen property, and Section 317(5) for helping to dispose of it. The sibling answer on mule accounts goes into that side.

The four tracks once the first account is empty
TrackForumWhat it can give youIndicative time
Police trace and freeze down the chainInvestigating officer, Section 106 BNSSA hold on whatever balance remains in later accountsDays to weeks
Release of frozen fundsJurisdictional Magistrate, Sections 503 or 497 BNSSThe held amount, pro rata if several victimsFour to twelve weeks
Attachment of proceeds of crimeCourt on the officer's application, Section 107 BNSSRateable distribution through the District Magistrate within sixty days of the orderMonths
Bank's own delayBank, then RBI Ombudsman, then consumer commissionCompensation for the loss attributable to the delayThree to nine months

What I tell clients at this stage

Keep writing. An investigation into a layered fraud stalls the moment the complainant goes quiet, because the officer has forty other files and the banks answer the ones that are chased. A dated letter every three weeks asking what was frozen, where, and whether a Section 107 application has been moved is the cheapest thing you will do in this case and the one most likely to matter. If the file simply stops, the answer on police not investigating a complaint sets out the escalation. And do not pay anyone who calls offering to recover the money for a fee. That is the second fraud on the same victim, and the portal and the Ombudsman cost nothing.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.MHA: cybercrime reporting and financial-fraud response, 5 August 2025 Read the source
  2. 2.RBI: liability for unauthorised electronic banking transactions, 6 July 2017 Read the source
  3. 3.Bharatiya Nagarik Suraksha Sanhita, 2023. Official consolidated text on India Code, the Government of India repository of Central Acts. Read the source
  4. 4.Bharatiya Nyaya Sanhita, 2023. Official consolidated text on India Code, the Government of India repository of Central Acts. Read the source
  5. 5.Indian Contract Act, 1872. Official consolidated text on India Code, the Government of India repository of Central Acts. Read the source

The short answer's sources were checked on 12 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

Nothing there yet? Send the question in and it gets answered here.

Related legal service

Dealing with this yourself rather than reading about it? Our Bangalore advocates work in this area.

Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at September 5, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

Cyber & Online Fraud

People claiming to be police kept me on a video call and I paid them. What do I do now?

End the call and contact your bank immediately. A demand to stay on video and transfer money for a supposed police verification is a fraud warning, not a reason to keep paying. Call 1930, report on cybercrime.gov.in, and save the transaction IDs, messages, phone numbers and notices they sent. Tell a trusted person what happened. Recovery is not guaranteed, but prompt reporting gives the authorities a chance to act before more money is moved.

Cyber & Online Fraud

My money went into a mule account. Can the bank that holds that account be made to refund it?

A receiving account being used by scammers does not, by itself, establish that its bank must reimburse you. Report the transfer immediately through 1930 and your own bank, and provide the receiving account details to investigators. Ask for preservation of the transaction trail and action on any funds still available. Your own bank's liability for an unauthorised debit is a separate question under RBI rules. Recovery from a recipient or bank needs a basis supported by the evidence.

Police Powers & Citizens' Rights

The police are simply not investigating. What is my remedy?

Ask for a written status update identifying your complaint or FIR and the investigating officer. Section 193 BNSS requires investigation without unnecessary delay and a progress update to the informant or victim within 90 days. This is not a universal deadline to finish every investigation. If there is persistent inaction, take your earlier complaints and acknowledgements for advice on approaching the Magistrate. A precise account of the missing steps is more useful than repeated informal reminders.

Consumer Protection

Money was taken from my account fraudulently and the bank says it is my fault. What now?

Report the transaction to the bank immediately and keep the complaint number. RBI's framework distinguishes bank fault, customer negligence and third-party breaches. Zero liability for a third-party breach depends on reporting within the specified period, while sharing credentials can change who bears the loss. Ask for the bank's written investigation and calculation. If unresolved, check the current RBI Ombudsman process and deadlines. Do not assume that reporting cybercrime by itself also counts as notifying your bank.

Cyber & Online Fraud

I lost money to an online scam. What do I do in the first hour?

Call 1930 and notify your bank immediately, then complete the complaint on cybercrime.gov.in. Give the transaction number, amount, time and receiving account or UPI ID. Prompt reporting can help the authorities try to stop further movement of the money, but it does not guarantee recovery. Save the messages and payment records, and secure any account the scammer accessed. Ask the bank for a complaint number and written response about your disputed transaction.

Cyber & Online Fraud

The bank says I shared my OTP so the loss is mine. Is that actually the law?

Sharing an OTP can count as customer negligence, but the RBI rule is more specific than a blanket refusal. For an unauthorised transaction caused by that negligence, the customer bears the loss until it is reported. Losses after reporting fall on the bank. Other rules apply where the bank was at fault or a third-party breach caused the loss. Report immediately and ask the bank to identify the evidence and rule supporting its decision.

S Jain & Attorneys · Ask Me

Still not the question you had in mind?

Search the column, or send your question in. Questions of general interest are answered here, anonymously, so the next person does not have to ask.