In the digital age, financial fraud has evolved from simple theft to sophisticated "invisible" crimes involving phone cloning and remote-access malware. However, the legal framework in India, anchored by the Reserve Bank of India (RBI) and the Information Technology Act, provides a robust safety net. But we often face lack of speedy and efficacious remedy despite of the guidelines and rules.
1. Immediate "Golden Hour" Actions
The first 2 hours after a fraud are critical for the possibility of a "lien" (hold) being placed on the stolen funds.
Call 1930: This is the National Cybercrime Helpline. In Kerala, this connects you to the state’s centralized cybercrime response cell. Provide transaction details (amount, time, and merchant/bank info).
Block the Card & Account: Use your bank’s mobile app or customer care to permanently block the credit card.
Deactivate the Cloned SIM: Contact your mobile service provider (e.g., BSNL, Jio, Airtel) to report the unauthorized cloning and block the current SIM.
Under the RBI's "Limited Liability of Customers" circular, your financial liability is determined by how quickly you report the incident:
Zero Liability: If the fraud is due to a third-party breach (like SIM cloning) and you report it within 3 working days, the customer has zero liability. The bank must credit the amount back within 10 working days.
Limited Liability: If you report within 4 to 7 working days, your liability is capped (usually at ₹10,000 for credit cards, depending on the limit/type).
Banking Ombudsman: If the bank refuses to reverse the charges despite timely reporting, you can file a complaint with the Reserve Bank Integrated Ombudsman Scheme (RB-IOS) online via the CMS portal.
Online Reporting: Register the complaint at [https://cybercrime.gov.in/]. This generates a National Crime Reporting Portal (NCRP) acknowledgement, which is necessary for the bank's "Zero Liability" claim.
Kerala Police Cyberdome: For high-value or complex cloning cases, you can approach the Cyberdome (located in Thiruvananthapuram or Kochi) for technical assistance.
Adjudicating Officer (IT Act): Under Section 46 of the IT Act, 2000, the Secretary of the IT Department in Kerala acts as the Adjudicator. You can file a petition for compensation (damages) against the bank or telecom provider if "reasonable security practices" were not followed.
The cornerstone of consumer protection in electronic banking is the RBI Circular dated July 6, 2017 (DBR.No.Leg.BC.78/09.07.005/2017-18). This circular shifts the burden of security from the customer to the bank.
Zero Liability: If a third-party breach occurs (where neither the bank nor the customer is at fault) and the customer reports it within three working days, the customer has Zero Liability.
The Burden of Proof: Critically, the law does not require the customer to prove they were not negligent. Instead, the onus of proving customer negligence lies solely with the bank.
Shadow Reversal: Once a fraud is reported, the bank is mandated to credit (shadow reversal) the disputed amount to the customer’s account within 10 working days, pending further investigation.
A common defense by banks is to claim the customer "shared an OTP." However, modern fraud often utilizes remote access Trojans (RATs) or SIM cloning.
If a fraudster gains remote access to a device via a malicious link, they can "trace" or "read" OTPs without the customer ever actively "sharing" them.
As established in SBI v. P.V. George (2019), even a failure to check an SMS notification does not automatically shift liability to the customer. The bank must provide a secure ecosystem that prevents such unauthorized intrusions.
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the concept of jurisdiction should not hinder the registration of a crime.
Zero FIR: If a victim is stationed in Kochi but the fraud originated in West Bengal, the local police are duty-bound to register a Zero FIR and subsequently transfer it to the relevant jurisdiction. Refusal to do so is a procedural lapse and amount of dereliction of duty.
The Kerala High Court has been a pioneer in protecting bank customers. In Tony Enterprises v. RBI (2019), the court reinforced that banks cannot unilaterally hold a customer liable for unauthorized transactions.
Fiduciary Duty: The relationship between a bank and a customer is fiduciary. If the bank's system allows a third party to bypass security (like large transactions without a confirmation call), it constitutes a Breach of Statutory Duty.
The IT Act: Section 43A of the Information Technology Act mandates that bodies corporate (banks) must implement "reasonable security practices." Failure to prevent a malware-based intrusion is a prima facie failure of these practices.
For a victim facing a payment deadline of a fraudulent transaction, from the credit card billing, the following legal steps are vital:
Writ Jurisdiction: Approaching the High Court under Article 226 to seek a stay on the recovery of the disputed amount, citing the directives issued by RBI, and sought for the compliance of directives.
Banking Ombudsman: Filing a formal complaint with the RBI Ombudsman for non-compliance with the 2017 Circular.
Consumer Protection: Approaching the Consumer Disputes Redressal Commission for "deficiency in service."
Credit card fraud is not merely a criminal act by a third party; it is a systemic failure of the banking infrastructure. The law is clear: unless the bank can prove—with hard evidence—that the customer intentionally facilitated the fraud, the bank must bear the loss. For a victim, the primary remedy lies in the immediate reporting of the crime and holding the financial institution strictly to the RBI's "Zero Liability" mandate.
There are many who own land but are still waiting to build a home
There are many who own land but are still waiting to build a home
The question is whether children will naturally inherit their parents' property after their lifetime under succession laws.
In India, inheritance laws regarding property vary across different religious communities. As there is no Uniform Civil Code, these laws follow the customs and specific legal frameworks of each religion.
For Christians, property division after death is governed by the Indian Succession Act, 1925. However, during their lifetime, an owner has the absolute right to dispose of their property as they wish. This can be done through a Will (Testament) or through registered deeds such as Settlement Deeds (Dhananischayam), Gift Deeds (Ishtadanam), or Sale Deeds (Theeru). Only property that is under the absolute ownership and possession of the individual, with the title (Thandapper) clearly recorded in Village records, can be transferred in this manner.
If a person dies intestate (without leaving a Will or any other transfer deed), the property devolves upon the legal heirs as per the law of succession.
Upon the death of the owner, the property is distributed among the surviving heirs in the proportions prescribed by law. For instance, under Christian law:
If disputes arise among the heirs, any heir seeking their share can file a Partition Suit in a Civil Court.
Court fee for filing cases has been increased in Kerala - details
The details regarding The Kerala Finance Bill, 2024 - Amendments to the Kerala Court Fees and Suits Valuation Act, 1959.
