• Loan fraud

My 56 years old relative has a low cibil score so he is not getting loans easily. He got a call in July from someone who said he can get him a personal loan of Rs 40,000 sanctioned from a private bank. He asked my relative to deposit Rs 2500 through a UPI scanner which he sent via WhatsApp, and said this amount will be paid to the bank employees to get the loan sanctioned easily. After my relative transferred the amount, he was asked to wait few days for the loan to be sanctioned. Now it has been 30 days but no loan related messages have come from any bank, and the caller has also switched off his phone. So basically my relative has been scammed of Rs 2500. Now if my relative reports the matter to police, will he be asked as to why was he trying to get the loan sanctioned by paying bribe?
Asked 3 months ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

  • Nature of case: This is a clear case of online loan fraud under IPC (cheating, criminal breach of trust) and IT Act (cyber fraud). Your relative is the victim.

  • About “bribe” angle: Police will not usually treat the ₹2,500 as “bribe” because there was no real bank officer—only a scammer pretending. It’s not a bribe to a government servant, but a fraud amount extorted under false promise. So risk of being accused for bribery is negligible.

  • Action to take:

    1. Immediately lodge a cyber fraud complaint on the National Cyber Crime Portal (https://cybercrime.gov.in) and also at the local police station.

    2. Provide screenshots of WhatsApp chats, UPI payment receipt, and caller number.

    3. Bank may be able to help trace the account where money went.

Conclusion: Your relative should report without fear. Police will treat it as a case of fraud, not as your relative attempting to bribe.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

you can say that he engaged services of agent to get loan 

 

it was not bribe but payment made for services to be rendered 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

If your relative reports the scam to the police, the primary focus will be on the fraudulent conduct of the scammer who promised to facilitate a personal loan in exchange for an advance payment and then disappeared. The police will treat this as a case of cheating and fraud under Sections 420 and 406 of the Indian Penal Code.

Regarding the payment made to the scammer for "bribes," the police might question the source and purpose of the payment to ascertain whether any illegal bribery attempt was made. However, simply seeking a loan and being defrauded does not imply criminal liability on the victim unless there is evidence of corrupt intent or illegal activity by your relative.

Victims of such scams are generally not held liable for attempting to bribe; instead, they are considered victims of fraud, especially when the "bribe" demand was part of the scam setup. It is important that your relative cooperates fully with the investigation and provides all communication records as evidence.

Promptly reporting the scam to the police and lodging an FIR increases the chances of tracing the offenders and recovering the money. Parallel complaints can also be filed with the cybercrime cell and banking ombudsman.

Your relative should refrain from paying any advance to unknown agents and verify loan offers directly with banks through official channels henceforth.

If needed, our office can assist in drafting the police complaint, coordinating with authorities, and advising on fraud claims. This advice is based on the facts provided and remains confidential under attorney-client privilege.

Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

In order not to get scammed any further, he has to report the matter to the cyber crime with details of the caller and the payment made. 

The police have cautioned public through various medias about such scammers and also instructed to the victim public to lodge complaints against such culprits as and when such incidents occur, hence you better ask him to lodge a criminal complaint agaisnt the scammer/fraud immediately

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

No such question will be asked by police. Fact is you are cheated, you can file a complaint. You have details of scammer's phone and bank, provide that to police, his account will be freezed and he will be arrested.  

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

He can report it to police no such action can be taken against him

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

  1. Immediately file a complaint on the National Cyber Crime Portal.
  2. Provide UPI transaction details, WhatsApp chats, and phone number used by the fraudster.
  3. Visit the local cyber police station to register an FIR under Section 420 IPC and IT Act provisions.

It is important your relative presents himself only as a victim of cyber fraud. The police are unlikely to raise the bribery issue in such cases because the transaction is not with a government or bank official, but with a scammer.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

- Your said relative can lodge a complaint to the cyber cell online mode 

- Further, no official of the police and cyber cell can ask the cause of loan. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Your relative is a victim of fraud, and the payment of ₹2,500 is not legally considered a bribe because it was not paid to any identified public servant or bank official. Instead, it was given to an unknown person who misrepresented himself as someone who could arrange the loan. This amounts to cheating and impersonation under the Indian Penal Code (IPC), and also falls within the ambit of cyber fraud since the money was transferred via UPI.

If he files a police complaint (preferably with the local Cyber Crime Cell or through the National Cyber Crime Reporting Portal – www.cybercrime.gov.in), the police will treat it as a case of online cheating, not bribery. The fact that he paid because he was misled is important. The focus will remain on tracing the fraudster.

I would advise your relative to immediately lodge a complaint with details of the phone number, UPI ID, WhatsApp chats, and payment screenshot. There is no risk of him being prosecuted for attempting to bribe, since the transaction was essentially part of a fraudulent trap.

Aman Verma
Advocate, Delhi
501 Answers

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