Travel booking scam evidence: preserve in first 48 hours

By Advocate Panchanand Shaw, Bar Council of West Bengal · Published 4 Nov 2026 · Digital evidence

In a travel booking scam, the first 48 hours decide whether you recover your money. You must preserve payment receipts, bank statements, chat logs, emails, website screenshots, and the scammer's contact details before anything is deleted or overwritten. Report to 1930 immediately and file an FIR under Section 173 of the BNSS 2023. The evidence you save in this window becomes the foundation of both the criminal investigation and any civil recovery suit.

Travel booking scams often involve fake websites, social media profiles, and payment gateways that disappear quickly. Fraudsters design these platforms to look legitimate, and they often delete their traces once a victim reports them. If you wait even a few days, the website may be taken down, the chat history may be lost, and the bank may be unable to freeze the beneficiary account. Preserving evidence is not just about saving screenshots; it is about creating a verifiable record that courts can rely on.

What the law says

The legal framework for electronic evidence in India is governed by the Bharatiya Sakshya Adhiniyam 2023. Section 63 of the BSA deals with the admissibility of electronic records. It requires that electronic evidence be authenticated in a manner that satisfies the court. This means that a simple screenshot may not be enough; you may need to provide the device, the original files, and a certificate explaining how the evidence was obtained. The BSA replaced the Indian Evidence Act 1872 and introduced stricter standards for digital proof.

Under the Information Technology Act 2000, Section 66C covers identity theft, which is common in travel booking scams where fraudsters impersonate legitimate agencies. Section 66D punishes cheating by personation using a computer resource. These provisions allow the police to investigate the scam and prosecute the offenders. The BNS 2023 Section 318 defines cheating and prescribes punishment based on the amount involved. Section 316 covers criminal breach of trust. Together, these statutes provide the legal basis for filing a criminal complaint and seeking recovery.

Procedurally, Section 173 of the BNSS 2023 allows the police to register an FIR for a cognizable offence. If the police refuse, Section 175(3) of the BNSS empowers the victim to approach the Magistrate. Section 35 of the BNSS requires the police to keep the complainant informed about the investigation. The BSA 2023 Section 63 is particularly important because it determines whether your screenshots and chat logs will be accepted in court. Without proper authentication, even genuine evidence can be rejected.

Why the first 48 hours matter

The first 48 hours are critical for several reasons. First, the bank and cybercrime authorities have the best chance of freezing the fraudster's account before the money is withdrawn. The RBI circular on unauthorised electronic transactions sets a zero-liability framework if you report within three working days. Reporting within 48 hours puts you well within that window. Second, digital evidence is volatile. Websites can be taken down, social media profiles can be deleted, and chat histories can be cleared remotely. The sooner you preserve the evidence, the more complete your record will be.

Third, the scammer may continue to contact you, and every interaction is potential evidence. If you preserve the communication trail, you can show the court how the fraud unfolded. Fourth, the police are more likely to act quickly if you provide a well-documented complaint. A complaint with clear evidence is easier to investigate than a vague allegation. Finally, the first 48 hours are when your memory is freshest. You can recall the exact sequence of events, the amounts involved, and the promises made. Write down everything before the details fade.

Step-by-step evidence preservation

Follow these steps immediately after discovering the scam. Do not wait for the police to tell you what to do; preserve the evidence yourself.

1. Stop all communication with the scammer. Do not call, message, or email the scammer again. Do not confront them or demand a refund. Any further communication can be used by the scammer to manipulate you or destroy evidence. Save the existing communication and then stop responding.
2. Take screenshots of the fake website. Open the website on your phone or computer and take screenshots of every page, including the booking page, payment page, contact details, and terms and conditions. Capture the URL bar so the website address is visible. If the website has a chat feature, screenshot the conversation. Do this before the website is taken down.
3. Export chats and emails. If you communicated via WhatsApp, Telegram, or email, export the entire conversation. On WhatsApp, use the export chat feature to save the chat as a text file or email it to yourself. On email, save the emails as PDF or EML files. Do not delete the original messages from your phone or inbox.
4. Save payment receipts and bank statements. Download the payment receipts from your bank or payment app. Save the bank statement showing the debit. If you paid via UPI, save the transaction ID and the screenshot of the payment confirmation. If you paid via credit card, save the transaction details and the merchant name.
5. Record the scammer's details. Write down the scammer's phone number, email address, bank account number, UPI ID, and social media profile URL. If the scammer used a fake travel agency name, save the name and any registration details. Take screenshots of the social media profile before it is deleted.
6. Report to 1930 and file an FIR. Call 1930 and register a complaint. Then visit the police station and file an FIR under Section 173 of the BNSS. Provide copies of all the evidence you have preserved. Keep a copy of the FIR and the acknowledgement receipt for your records.

Evidence types and how to preserve them

The following table summarises the key evidence types and the best way to preserve each one.

The table above shows that evidence preservation is not complicated, but it requires immediate action. The most important thing is to keep the original files and avoid deleting anything. If you have to submit copies to the police, keep the originals on your device or in a secure cloud folder.

What decides admissibility

Courts in India apply strict standards for electronic evidence under Section 63 of the BSA 2023. The evidence must be authentic, complete, and obtained through a reliable process. A screenshot alone may not be sufficient if the court cannot verify its source. You should preserve the original device, the original files, and a certificate under Section 63 explaining how the evidence was collected. If the evidence is stored on a phone, do not factory reset the phone or delete the messages.

The chain of custody also matters. If you transfer evidence to the police, keep a record of when and to whom you handed it over. If you email evidence to yourself, save the email headers. If you use a cloud backup, note the date and time of the backup. The court may also require a hash value to verify that the evidence has not been altered. A cyber crime lawyer in Kolkata can help you prepare the Section 63 certificate and ensure that the evidence meets the legal requirements.

Another factor is the relevance of the evidence. Not every screenshot is useful. The court will focus on evidence that directly proves the scam, such as the fake booking confirmation, the payment receipt, and the communication where the scammer promised the service. You should organise your evidence chronologically and label each file clearly. This makes it easier for the police and the court to understand the case.

How the police and bank use your preserved evidence

Once you have preserved the records, two different agencies put them to different uses, and it helps to understand both. The cyber crime cell uses the screenshots, URLs, and account numbers to trace the beneficiary account and the intermediary accounts through which the money moved. It can request the bank to share the KYC and transaction records of those accounts. Your chat log is what shows the police that the transfer was induced by fraud rather than a genuine payment, which is the element they need to register the offence.

The bank, acting on your written complaint and the 1930 acknowledgement, uses your payment receipt and the transaction reference to identify which account received the money and to decide whether it can be frozen. Under the RBI circular, the bank's task is to establish whether the transaction was unauthorised and to return the amount where the fraud is confirmed. A clear, dated paper trail shortens this internal inquiry. Where the onus falls on you to show that you did not authorise the payment, your complaint is the document that does it.

Common mistakes to avoid

Many victims destroy valuable evidence without realising it. The most common mistake is deleting the chat or email thread after reporting the scam. Some victims also clear their phone's storage or factory reset the device, which wipes the original messages. Another mistake is taking screenshots without capturing the URL or the timestamp. A screenshot without context is less useful in court. Some victims also forward evidence to friends or social media, which can compromise its authenticity.

Another frequent mistake is waiting too long to report. Fraudsters often move money within hours, and the bank's ability to freeze the account diminishes with every delay. Some victims also pay more money to the scammer in the hope of recovering their initial payment, which only increases the loss and creates more evidence of voluntary transactions. Do not confront the scammer or try to negotiate. Instead, preserve the evidence and let the authorities handle the investigation.

When to involve a lawyer

You should involve a cyber crime lawyer in Kolkata as soon as you discover the scam. A lawyer can help you preserve evidence correctly, draft the FIR, and file a complaint under Section 175(3) of the BNSS if the police refuse to act. They can also help you prepare the Section 63 certificate for electronic evidence and represent you in court. For victims in West Bengal, a cyber crime lawyer in West Bengal can provide local expertise and navigate the Kolkata courts. You can also read more on our blog about cyber fraud recovery. Early legal advice can prevent mistakes that could weaken your case.

Frequently asked questions

Information for general guidance only and not legal advice. Provisions cited follow the Information Technology Act 2000, the Bharatiya Nyaya Sanhita 2023 and the Bharatiya Nagarik Suraksha Sanhita 2023.

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