Senior IRS official made to run pillar to post after Cops refuse to register FIR without prior approval of Chennai Police commissioner

C Shivakumar @ CHENNAI:
A senior Indian Revenue Service (IRS) officer of the rank of Principal Chief Commissioner of Income Tax, who retired on July 31 this year, has been made to run from pillar to post to register an FIR after he was cheated of Rs 4.6 lakh from his bank account through online fraud on August 4, 2024. The primary reason being the police Inspector, who was required to register the complaint at Chintadripet Police Station on August 7, insisted on him getting the prior approval of the Chennai Police Commissioner A Arun.

DN Kar told The New Indian Express that a total of Rs 4.6 lakh was swindled from his account after he recieved a malicious SMS on his mobile phone pertaining to SBI Yono Netbanking reward points. The former Income Tax officer mistakenly clicked on the link, which took him to a bank's mirror image site and his personal details were stolen from there. Unaware that he clicked on a dubious link, he found that four debit transactions -- Rs 69874, Rs 98879, Rs 55986 and Rs 235467 were made from his bank account within a space of two hours.

He immediately called SBI's helpline number, got his bank account and internet banking facility locked. He also registered a complaint with Central Cybercrime Helpline 1930 and uploaded the complaint on Central government's cyber crime portal. As a result of this swift action, three transactions were reverted back to his bank account. But, State Bank of India and message from Central government Cybercrime portal informed the officer that a FIR is required to be filed for the fourth bank transaction worth Rs 2.35 lakh.

Accordingly, on August 7, he had asked one of the inspectors of Income Tax department to file an FIR at the Chintadripet Police Station along with all the required documents. The complaint papers were taken by the staff of the police station but they refused to give any acknowledgement. The concerned official also refused to share his name or number. "I kept on reminding the police officials to provide the FIR number and copy but they had yet to file any FIR. Later, I came to know that the FIR will only be filed after the police commissioner gives his prior nod, even though there is no requirement under any law including section 154 of the newly introduced Bahartiya Nagarik Sakshya Sanhita (BNSS), " he said.

After several reminders, including messages sent to Chennai Police Commissioner, Kar, later approached Director General of Police Shankar Jiwal, who intervened, and the FIR was filed at the Chetpet Police station by the police officials on Wednesday (August 14).

Interestingly, The New Indian Express accessed the circular dated July 22, signed by Police Commissioner, which stated that cases pertaining to cheating or criminal breach of trust or missappropriation, forgery, immovable property frauds or grabbing, cyber crimes, should be brought to his knowledge before filing CSR  or FIR. The commissioner's concurrence should be obtained either through phone or note.

Police sources said that this circular has resulted in delaying FIRs as several cases pertaining to these crimes have been pending at the Commissioner of Police office. When TNIE contacted the Police commissioner, he said there is no need for registering a FIR in cybercrime in cases such as these. One can approach 1930 (Cybercrime Helpline) and the amount can be secured. Only cases pertaining to data theft, FIRs are being filed.

"Regarding cases pertaining to cheating or criminal breach of trust or missappropriation, forgery, immovable property frauds or grabbing, the instructions to take prior approval were given to cut down on Katta panchayats," the police officer said. When told the FIR has been sought by the SBI to proceed against the cybercrime case, the police officer said that the banks may not be aware of the cybercrime provisions regarding FIRs pertaining to such cases.

"The regular FIR is to be filed after registering complaints on 1930 Helpline and Central Cybercrime portal for the unrecovered amount which stands withdrawn from the banking channel. Therefore, timely filing of FIR is essential as any delay doesn’t help the victims of cybercrime, but delay only helps the perpetrators," said Kar when informed about the circular.

"The Commissioner's circular is violative of Section 154 relating to Registration of First Information Report (FIR) mentioned in BNSS, 2023. The police must register a First Information Report (FIR) upon receiving information about a cognizable offence and cannot refuse to register an FIR without a valid reason.
This section aligns with the Supreme Court's ruling in Lalita Kumari versus. State of Uttar Pradesh, which mandates FIR registration upon receiving credible information about a cognizable offence, said Kar. The Madras High Court should take suo moto cognisance of this illegal circular issued by the commissione, he added.

Additional Director General of Police Cyber Crime Wing Dr Sandeep Mittal said that a Madras High Court circular has clearly stated not to insist on FIRs after the crime gets registered in the porta or through the Helpline 1930. Contacting 1930 immediately is the first line of action by victim against financial cyber frauds. Golden hour is lost in case of even slight delay, he said.

"Judicial magistrates are directed not to insist on Separate FIRs being registered on the basis of an application filed under Section 457 criminal procedure code in matters or complaint which have been registered in the National cyber Crime Portal," according to the circular.  The decision was taken as the police was recieving more than 100 complaints each day pertaining to Cyber crimes and it was difficult to register FIRs on all of them. "We had shared the circular with the banks but since the nodal officers keep on changing, they insist on a FIR," Mittal said while highlighting why FIR is not required for cybercrimes. He said that FIR was filed in the case pertaining to the Principal Chief Commissioner of Income Tax.