Release cyber fraud funds based on NCRP plaint: HC

Kolkata: The Calcutta HC 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 Cybercrime Reporting Portal (NCRP) rather than insisting on registering an FIR.It was clarified that an FIR must be lodged by the police if the victim desires. This direction came considering the jump in NCRP complaints — from 451 in 2021 to 37,825 in 2024, and the recovery of Rs 66.6 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.Proceedings under section 106 BNSS, in cyber fraud cases, starts when a victim lodged complaint at NCRP. The agency concerned then takes steps to trace money trail and upon identifying the defrauded sum, issues 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. 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.