Credit Cards Fraud

Guest (Querist) 04 April 2010 This query is : Resolved
Hi All,

Can anyone tell me what is the punishment for Credit Cards Fraud and Internet frauds in India.

What are the evidences required in the court to prove the credit card frauds.

Under which sections the case can be registered and what will be the consequences. Also, please advise the procedure for registering the case- will the bank go and get the FIR registered or the Cardmember will be required to do so.

Thanks
Amit

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Ashok Yadav (Expert) 05 April 2010
The card holder will have to go to the police fo rregistration of F.I.R., because its the holder who have suffered loss not the bank.

Sanjeev Panda (Expert) 05 April 2010
The provisions of Section 66C & 66D IT Act and also provisions of Section 468/471 IPC may be attracted to the offences mentioned by you. If the credit card of customers have been misused, the bank can also file a FIR and there are many credit card fraud cases in which FIR has been lodged on the complaint of bank. However, an individual customer can also get registered an FIR.
The evidences would be your account statement. Rest of the evidences, i.e. digital evidences of the IP address of the system from which the fradulent transactions were executed by the criminal would be collected by the police during investigations. The bank has the log details of the credit card transactions or online transactions which it would provide to the police during investigations. Based on the log details, i.e. IP addresses, it would trace the criminals.