Arrested by Gurugram Cyber Police in a Fraud Case? Here's What To Do Next

An arrest by the Gurugram Cyber Police in an online fraud, UPI scam, investment/trading fraud, or hacking case is frightening — for the person arrested and for their family. But an arrest is the start of a legal process with defined rights and defined timelines, not the end of one. What you or your family do in the first 24 hours matters more than almost anything else in the case. Here's a clear roadmap.

The first 24 hours: what the law requires

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which has replaced the CrPC — a person who is arrested has specific, non-negotiable rights:

• Right to know the grounds of arrest and whether the offence is bailable, so the arrested person understands exactly why they are in custody.
• Right to have a friend or relative informed of the arrest and the place of detention, so the family isn't left searching for answers.
• Right to consult a lawyer of choice, including during interrogation.
• Right to be produced before a Magistrate within 24 hours of arrest (excluding travel time), rather than being held indefinitely at the police station.
• Right to a medical examination, both at the time of arrest and if in custody for an extended period.

The single most important thing a family can do in the first few hours is find out which police station or cyber cell the person has been taken to, and get a criminal lawyer involved before the first remand hearing — not after.

What happens after arrest: remand and custody

Once produced before the Magistrate, the police will typically seek either police custody remand (PCR) — to interrogate, recover devices, or trace money trails — or, once that is exhausted, judicial custody. In cyber fraud cases specifically, police often ask for custody to:

• Recover the phone, laptop, or SIM used in the alleged fraud
• Trace the flow of money across multiple mule accounts
• Confront the accused with co-accused or victims
• Extract data from apps, wallets, or crypto exchanges

How strongly the remand application is opposed at this stage — and whether the grounds for custody actually hold up — often shapes how long the case drags on. A lawyer present at the first remand hearing can push back on custody that isn't genuinely justified by the FIR.

Getting bail: the actual path out

Bail after arrest usually proceeds in one of two ways, depending on timing:

1. Regular bail — filed after arrest, before the Sessions Court or Magistrate, arguing that custodial interrogation is no longer required and that the accused isn't a flight risk or likely to tamper with evidence.
2. Default/statutory bail — available as a right if the police fail to file the chargesheet within the statutory period (typically 60 or 90 days depending on the offence) and the accused is still in custody.

Cyber fraud cases in Gurugram frequently involve multiple FIRs across different states once a victim reports being cheated — this is common in investment scam and trading-app fraud cases where hundreds of victims file separately. Getting bail in the Gurugram FIR does not automatically help if there are parallel FIRs elsewhere; each needs to be tracked and addressed, sometimes through a transfer or clubbing application. For a fuller picture of how bail works stage by stage, see our page on regular and anticipatory bail in Gurgaon.

If you suspect arrest is coming — act before it happens

If a family member has received a Section 35(3) BNSS notice, is named in an FIR, or has learned that police are looking for them in a cyber fraud matter, applying for anticipatory bail before arrest is usually the stronger position — it avoids custody altogether rather than trying to undo it. We've covered the notice stage separately in our post on what to do if you receive a Section 35 BNSS notice from Gurugram Cyber Police.

Frozen accounts alongside the arrest

In most cyber fraud arrests, the accused's bank account — and sometimes accounts of family members who received transfers — gets frozen or lien-marked as part of the investigation. This needs to be handled as a separate, parallel track; an arrest defence and an account-freeze defence don't automatically resolve together. Read more on our frozen bank account release page.

Common mistakes families make right after an arrest

• Waiting to "see what happens" instead of engaging a lawyer before the first remand hearing, when the custody question is actually decided
• Talking to the media or posting online about the case, which can complicate both bail arguments and the eventual trial
• Trying to "settle" directly with the complainant without legal guidance, which in cyber fraud FIRs rarely stops the police investigation on its own
• Not preserving evidence — chats, transaction records, employment proof — that could show the money trail or the accused's actual role

How Advocate Rajat Kadyan can help

As a cyber crime lawyer in Gurgaon, Advocate Rajat Kadyan handles arrest and bail matters arising from Gurugram Cyber Police FIRs, including:

• Appearing at the first remand hearing to oppose unnecessary police custody
• Filing and arguing regular bail applications before the Sessions Court and High Court
• Filing anticipatory bail where arrest can still be prevented
• Coordinating on parallel FIRs filed in other states in multi-victim cyber fraud cases
• Getting frozen or lien-marked bank accounts released alongside the criminal defence

If a family member has been arrested by the Gurugram Cyber Police, time matters — the sooner a lawyer is involved, the more options remain open at the remand stage. You can read more about the practice on the about page, or check common questions on the FAQ page.