Cyber Crime Lawyer in Gurgaon

If a cyber crime FIR has been registered against you in Gurugram, or money has disappeared from your account and the police are moving slowly, the position is recoverable — but it is time-sensitive. Advocate Rajat Kadyan defends cyber crime cases across the Gurugram cyber police stations, the Gurgaon District Court and the Punjab & Haryana High Court, and acts for victims pursuing recovery.

Cyber matters are prosecuted by units that specialise in them and defended, too often, by advocates who treat them as ordinary cheating cases. That mismatch shows up early: in how freeze orders are challenged, in whether Section 65B certification of electronic evidence is questioned, and in whether the payment trail is actually examined rather than accepted.

Cyber crime cases we handle in Gurgaon

The practice covers the full range of offences under the Information Technology Act, 2000 and the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023 (which replaced the Indian Penal Code from 1 July 2024).

• UPI, wallet and net-banking fraud — unauthorised transfers, OTP and SIM-swap fraud, mule account allegations, payment gateway disputes.
• Investment, trading and cryptocurrency scams — fake trading apps, Ponzi and referral schemes, crypto exchange disputes, forex fraud.
• Identity theft and impersonation — Sections 66C and 66D IT Act, fake profiles, KYC misuse, e-signature fraud.
• Sextortion, morphing and obscene content — Section 67 and 67A IT Act, handled with complete discretion for both complainants and the accused.
• Online harassment and defamation — stalking, doxxing, review bombing, and content takedown notices to intermediaries.
• Hacking, phishing and data theft — Sections 43 and 66 IT Act, employee data theft, source code and database misappropriation.
• Job, loan-app and matrimonial fraud — fake recruitment, loan app harassment and recovery abuse, matrimonial site cheating.
• Corporate and business cases — frozen merchant accounts, payment aggregator disputes, and complaints against a company's directors.

The legal framework, in plain terms

Most cyber prosecutions in Haryana are built on a combination of IT Act provisions and BNS provisions charged together. Understanding which section carries which consequence is the first step in assessing exposure.

Electronic evidence: where cases are actually won

A cyber prosecution rests on data — server logs, transaction records, CDRs, IP allocation records and device forensics. That data has to be proved in a specific way, and the requirements are frequently not met.

Section 63 BSA certification (formerly Section 65B Evidence Act)

Electronic records produced as secondary evidence require a certificate from a person occupying a responsible official position in relation to the device or system. Following the Supreme Court's ruling in Arjun Panditrao Khotkar, this is mandatory, not a formality. Certificates that are missing, unsigned, issued by the wrong person, or generic to the point of meaninglessness are a genuine line of defence.

The payment trail

In fraud cases the prosecution's theory is usually that money moved from the complainant to an account controlled by the accused. That chain often involves several intermediate accounts, and the link to the accused can be assumption rather than evidence — particularly where an account has been rented, sold or used without the holder's knowledge. Reconstructing the trail from bank statements is slow work and it is where defences are found.

Attribution

An IP address identifies a connection, not a person. A device identifies a handset, not a user. Where multiple people had access to a shared connection, a shared device or a shared login, attribution is contestable.

If you are the victim of cyber fraud

The window in which money can be intercepted is measured in hours. What to do, in order:

1. Call the national cyber crime helpline on 1930 immediately, or file at cybercrime.gov.in. The Citizen Financial Cyber Fraud Reporting system can push a hold request to the beneficiary bank before funds are withdrawn.
2. Inform your bank in writing the same day and retain the acknowledgement. Under the Reserve Bank of India's limited-liability framework, an unauthorised third-party transaction reported within three working days generally leaves the customer with zero liability; delay shifts the loss onto you.
3. Register a formal complaint at the cyber police station having jurisdiction and obtain the acknowledgement or FIR copy.
4. Where the amount justifies it, follow up with an application before the Magistrate for release of the traced funds — police recovery alone is often slow, and a court direction moves it.

If an FIR has been registered against you

The instinct to explain everything to the investigating officer is understandable and usually costly. The sequence that protects you is different:

1. Obtain a certified copy of the FIR. Nothing can be planned without the exact sections invoked and the allegations as recorded.
2. Assess bail exposure immediately. If any non-bailable section is present, anticipatory bail under Section 482 BNSS should be considered the same day.
3. Respond properly to a Section 35(3) BNSS notice. Attend with counsel. Ignoring it converts a notice situation into an arrest situation.
4. Preserve your own evidence. Do not delete chats, apps or transaction records. Deletion is both discoverable and damaging.
5. Consider quashing. Where the FIR discloses no offence, or the dispute is fundamentally civil or commercial, a petition under Section 528 BNSS before the High Court may be the correct route rather than a long trial.