UPI fraud against an NRI: jurisdiction and enforcement

By Advocate Panchanand Shaw, Bar Council of West Bengal · Published 4 Nov 2026 · Cyber law

An NRI who is defrauded over UPI can register a criminal case in India without returning for that purpose, because section 173 of the BNSS, 2023 allows information about a cognizable offence to be given to an officer in charge of a police station irrespective of the area where the offence was committed, and by electronic communication. Jurisdiction in a payment fraud ordinarily follows the victim's account and the place where the money was received, so a complaint can be filed at the police station with jurisdiction over the bank branch holding the account, or through the national cyber crime portal.

The difficulty for an NRI is rarely the legal right to complain. It is proof and follow up. An NRI has to produce electronic records in the form the Bharatiya Sakshya Adhiniyam, 2023 requires, authorise someone in India to act, and keep the case moving from a distance. This page sets out where the case can be filed, how the IT Act reaches conduct abroad, and what can realistically be enforced against an accused who is outside the country.

Where an NRI can file the case

Section 173 of the BNSS, 2023 is the starting point. It provides that every information relating to the commission of a cognizable offence may be given to the officer in charge of a police station irrespective of the area where the offence was committed, and that the information may be given orally or by electronic communication. Where it is given electronically, it is taken on record and must be signed by the informant within three days. That is the provision which lets an NRI give a first information report from abroad, through the cyber crime portal or by email to the police station, without a physical journey.

Jurisdiction is then determined mainly by where the loss occurred and where the money landed. In payment fraud the offence is treated as committed where the victim's account is debited and where the beneficiary's account receives the funds, so a complaint can be filed at the station covering the victim's branch, or at the station covering the beneficiary's branch. Where the accused is unknown and the money has moved through several accounts, the practical choice is the station with jurisdiction over the first collection account, because that is where the investigation will begin. An NRI holding an NRE or NRO account linked to UPI can file at the branch that maintains that account.

Does the IT Act reach conduct committed outside India?

Section 75 of the Information Technology Act, 2000 provides that the Act applies to an offence or contravention committed outside India by any person, where the act or conduct constituting the offence involves a computer, computer system or computer network located in India. It is the provision that allows a prosecution to proceed against a person sitting abroad who defrauds a victim in India through an application or a network located here. It does not by itself make an arrest abroad possible; it makes the conduct punishable under Indian law, and the offence is tried in India.

The BNS offences apply on the same footing. Cheating under section 318 and cheating by personation under section 319 are made out wherever the deception produces its effect, and the effect in a payment fraud is the loss suffered by the Indian account holder. The nationality of the offender and of the victim does not change the classification of the offence. The limitation is practical rather than legal: a person outside India cannot be arrested without the cooperation of the country in which he is, so enforcement depends on mutual legal assistance or extradition, and on the accused ever travelling to India.

Filing from abroad, step by step

1. Call 1930 or the number published for overseas callers, and report the fraud at the earliest possible moment so that the receiving account can be frozen while the funds are still inside the banking system.
2. Write to your bank in India, on the account that was debited, and obtain a written complaint reference. The RBI directions on unauthorised electronic transactions apply to that bank regardless of where you live, and the reporting timeline runs from the bank's alert.
3. File the complaint at cybercrime.gov.in with the transaction reference, screenshots, the bank's acknowledgement, and a serviceable Indian contact address.
4. Appoint an authorised representative in India if the police require a signature or a physical appearance. A power of attorney executed in your country and, where required, notarised or apostilled, lets a lawyer or family member act for you.
5. Follow up in writing with the investigating officer and keep a numbered record of every communication. Where the police do not register the report, an application can be made to the Magistrate under section 175(3) of the BNSS, 2023 for a direction to investigate.
6. Take civil advice early. The limitation period for a recovery claim runs from the loss, not from the end of the investigation, so the civil remedy should be assessed at the same time as the criminal complaint.

Recovery: what works from outside India

The free route to recovery is the RBI Integrated Ombudsman Scheme, which is open to any customer of an Indian bank and can be used from abroad. Where the loss is due to a deficiency in service by the bank, the Ombudsman can direct a reversal or compensation, and the complaint can be filed online without a lawyer. That route works best where the complaint concerns the bank's handling, such as a failure to act on a red flag or a refusal to allow a genuine dispute.

Where the fraud itself is to be punished and the money recovered, the criminal route is the only one available, and recovery depends on the funds being traced before they are dispersed. Speed matters far more than legal sophistication: a complaint made within hours gives the system a chance to freeze the money, while a complaint made weeks later rarely results in recovery. An NRI should therefore treat the helpline call and the bank notification as the first priorities, and the formal filings as the follow up.

A civil recovery claim is worth assessing even where the accused is abroad, because a claim can be filed against the bank or against a recipient who holds assets in India. Under the Limitation Act, 1963, the suit must ordinarily be brought within three years of the loss, and it can run alongside the criminal complaint. A court in India can also be asked to attach disputed funds where they remain identifiable, and the criminal court has power under section 107 of the BNSS, 2023 to direct restoration of property derived from an offence.

For an NRI, the practical value of a civil claim is often the freeze rather than the decree. An application for attachment before judgment, or a request that the bank hold the disputed funds, can preserve the position while the criminal investigation continues, and that preservation is what makes any eventual recovery possible at all.

Enforcement when the accused is abroad

Where the accused is abroad the case does not stop, but the remedies change. Mutual legal assistance is the route for evidence and asset information; extradition is the route for the person; a look out circular is the route to intercept him if he travels to India; and the Ombudsman is the route to the bank. None of these is quick, and none guarantees that the money comes back.

The caution about enforcement abroad should be stated plainly. Where the accused is outside India, a trial in absentia is possible only in the circumstances the law permits, and a conviction obtained that way does not by itself produce money. An identified accused abroad, without assets in India and without any prospect of travelling here, may leave the victim with an order and no recovery.

What decides the outcome

The first factor is whether the funds were frozen early. The second is whether the account into which the money moved is identifiable, which depends on the transaction reference and the bank's cooperation with the investigating officer. The third is whether the accused is in India. Where he is abroad, enforcement against his assets in India is limited if he holds none, and the practical question becomes whether he is ever likely to travel here.

Where the accused is in India, the ordinary process applies, and the only difference for an NRI is the complainant's location. Courts can record evidence through audio and video electronic means, and the BNSS, 2023 expressly contemplates the use of such means for several procedural steps. That reduces the burden on an overseas complainant but does not remove it, and an NRI should expect to have to give a clear, consistent account of the inducement, supported by the electronic record produced with the certificate required under section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023.

The complainant's own conduct is scrutinised as well. A victim who shared an OTP or a PIN, or who installed a remote access application at the caller's request, weakens both the criminal case and any refund claim, because the bank will point to the customer's own negligence. Where the account or device was compromised without the customer's participation, such as through a SIM swap or a stolen phone, the case is considerably stronger on both fronts.

Mistakes NRIs make

• Waiting until a visit to India. Funds are usually dispersed within days, so the report must be made from abroad.
• Complaining only to the payment application. The bank holding the account is the entity that can freeze and reverse.
• Using a foreign address with no Indian contact. The police need a serviceable address and a representative in India to progress the file.
• Assuming the Ombudsman can punish the fraudster. The Ombudsman can direct the bank; it cannot try the accused.
• Ignoring the limitation period. A recovery claim runs from the loss, and a late claim fails however strong the criminal case.

When to involve a lawyer

An NRI case is best handled by counsel in India who can file and pursue the complaint, deal with the bank and the Ombudsman, and appear before the court while the complainant is overseas. A properly drafted power of attorney is usually the first document, because it determines who may act. For complaints connected to a bank branch or a fraud in this State, see the cyber crime lawyer in West Bengal page; to discuss the facts of a specific case, use the contact page.

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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