By Advocate Sanjay Bishnoi
Specialist in Cyber Law, Criminal Defence & Legal Advisory
🌐 Introduction
In today’s digital world, almost every transaction — from shopping to payments — happens online. While this makes life easier, it also creates opportunities for cyber fraud.
Many innocent people find themselves falsely accused of “online cheating” or “digital scams” even when they had no criminal intention.
As an advocate handling cyber law and criminal defence cases, I often see panic in people’s eyes when they get a notice or FIR from a cyber police station. The first and most urgent remedy they need is bail — protection from arrest and unnecessary harassment.
Let’s understand the process of getting bail in a cyber fraud case under both the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita (BNS), 2023.
1️⃣ Understanding the Allegations
Cyber fraud cases usually arise from:
Online money transfer or UPI scams
Fake website or e-commerce fraud
Data theft or phishing
Impersonation on social media
OTP or SIM-based misuse
Most FIRs mention:
Section 66C, 66D of IT Act, 2000 (identity theft and cheating by impersonation), and
Section 419 & 420 of IPC, which now correspond to:
Section 318 – Cheating (BNS, 2023)
Section 316 – Criminal Misappropriation of Property (BNS, 2023)
Section 336 – Forgery of electronic record (BNS, 2023)
Knowing exactly which sections are invoked helps your lawyer build the right legal and factual defence.
2️⃣ Types of Bail: Anticipatory vs Regular
Depending on your situation:
Anticipatory Bail (Sec. 438 CrPC) — if FIR is lodged but arrest not yet made.
Regular Bail (Sec. 437 / 439 CrPC) — if already arrested.
💡 Tip: Apply for anticipatory bail early once you learn of the FIR or police inquiry. Courts appreciate voluntary cooperation with the investigation.
3️⃣ Legal Grounds That Strengthen Your Bail
A strong bail application should show:
✅ You have no criminal record.
✅ You are cooperating with the investigation.
✅ Digital devices and data have already been seized.
✅ There is no need for custodial interrogation.
✅ The alleged act lacks mens rea (criminal intent).
Courts grant bail more easily when the accused shows transparency and readiness to assist in the case.
4️⃣ Steps Before Applying for Bail
When you receive a cyber notice or FIR, stay calm and follow these steps:
Immediately consult a cyber law advocate.
Preserve all digital evidence – screenshots, messages, payment details, emails.
Do not delete or reset your phone or laptop.
Attend police summons with your lawyer’s guidance.
Cyber police work with digital trails — your cooperation shows good faith and prevents unnecessary arrest.
5️⃣ How Courts Approach Cyber Fraud Bail
Courts evaluate:
The seriousness of the fraud,
Nature of evidence collected,
Need for custodial interrogation, and
Chances of tampering with digital records.
In several cases, courts have observed that custody is not required once digital evidence (like phone, laptop, or account data) is already in police possession.
Hence, proper representation and factual clarity help secure bail sooner.
6️⃣ Common Mistakes Accused Persons Make
🚫 Ignoring police notices.
🚫 Giving inconsistent statements.
🚫 Allowing others to use your bank or wallet account.
🚫 Not hiring a lawyer until after arrest.
These small missteps often create big complications. Always act through your advocate to stay legally protected.
7️⃣ Role of an Advocate in Cyber Bail Matters
A cyber bail case is not just about law — it’s about technology + timing.
A good advocate examines:
IP logs, device data, and UPI transaction trails.
Missing technical links in the prosecution’s story.
Whether digital evidence truly connects you to the offence.
Your lawyer will emphasise your cooperation, clean background, and lack of criminal intent — all key factors that convince the court to grant bail.
8️⃣ Relevant Legal Provisions
Law Section Description Punishment / Nature
IT Act, 2000 66C Identity theft Cognizable, Non-bailable (up to 3 years)
66D Cheating by impersonation using computer resources Non-bailable, up to 3 years
BNS, 2023 316 Criminal Breach of Trust Up to 5 years imprisonment
318 Cheating Up to 7 years
336 Forgery of electronic record Up to 7 years
CrPC 437 / 439 Regular Bail After arrest
438 Anticipatory Bail Before arrest
9️⃣ After Bail – Stay Responsible
After bail is granted, strictly follow all conditions:
Attend every court date.
Do not contact the complainant or witnesses.
Keep your phone active and available.
Inform the court before travelling abroad.
Your conduct after bail reflects your credibility and helps in later stages of the trial.
🕊️ Conclusion
Cyber fraud allegations can be frightening — but remember, bail is your right, not a favour.
Every accused is innocent until proven guilty.
With the right legal guidance, evidence handling, and professional defence, you can protect both your liberty and your reputation.
If you or someone you know faces a cyber fraud FIR, don’t panic — seek legal help immediately.
Early advice often makes the biggest difference in cyber cases.
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Advocate Sanjay BishnoiConnect with us on Linkedin
📍 Chamber No. 406 & 460, New Lawyers Chambers Complex, District & Sessions Court, SirsaLocation
📍 Chamber No. 92, District & Sessions Court, Fatehabad
📞 +91-9728029009 | 📧 advsnjy@gmail.com
⚖️ Cyber Law | Criminal Defence | Legal Advisory
