Advocate Rajat Kadyan & Associates · Gurugram

Many people hand over a bank account, ATM card or UPI access to a stranger for a small payment, often between ₹5,000 and ₹20,000. They are told it is "for a business", "for a temporary favour" or "to receive a payment". Weeks later, the cyber police call and say money from a fraud has landed in that account.

Even if you never spoke to the victim, you can still be named as an accused. This post explains what is going on and how to respond.

What is a "mule account" case?

Cyber fraudsters need bank accounts to receive and move stolen money. The account holder whose name appears in the bank records is called a "mule". When a victim complains on the 1930 helpline or the cybercrime portal, the money trail reaches the first account it landed in. That account belongs to you, so the police contact you first.

Why the Gurugram cyber police call you

Gurugram has three cyber police stations (East, West and South). They trace money through bank statements, then call or visit the account holder. The offences usually invoked are:

  • Cheating, Section 318(4) BNS
  • Cheating by personation, Section 319(2) BNS
  • Criminal conspiracy, Section 61(2) BNS
  • Identity theft and cheating by personation using a computer resource, Sections 66C and 66D of the IT Act

What to do as soon as the call comes

  1. Do not ignore the call. Staying silent or switching off your phone can make things worse.
  2. Do not go to the police station unprepared. Speak to a criminal lawyer before giving any statement.
  3. Preserve everything. Keep chats, call logs, bank statements, screenshots and proof of any payment you received. Do not delete anything.
  4. Write out the full story. Who asked for the account, when, what they promised, how much you were paid, and whether you shared OTPs, cards or net-banking details.
  5. Ask for the notice in writing. For offences with punishment under seven years, the police should generally issue a notice of appearance under Section 35 BNSS rather than arrest straight away.
  6. Never sign blank papers or statements you have not read.

Can I be arrested?

Yes, arrest is possible. Courts and police treat mule accounts seriously because they keep the whole fraud network working. In practice, the questions that matter are:

  • Did you know the money was proceeds of fraud?
  • How much money passed through your account?
  • Did you receive commission?
  • Are you cooperating with the investigation?
  • Do you have a stable address, employment and no criminal record?

If there is a real risk of arrest, the safeguard is anticipatory bail under Section 482 BNSS, applied for before arrest. If you have already been arrested, the remedy is regular bail. Read more on our bail lawyer in Gurgaon page.

My account has been frozen

If the bank has frozen your account on a cyber complaint, you may need a separate application to get the unconnected part of your balance released. See account unfreeze lawyer in Gurgaon.

Mistakes to avoid

  • Believing "I only gave my account, so I did nothing wrong".
  • Withdrawing everything or closing the account after the call. This looks like destroying evidence.
  • Handing over your phone and passwords without advice.
  • Paying "middlemen" who promise to close the case.

Frequently asked questions

Is giving my bank account to a stranger a crime?

It can be, if it helps a fraud and you knew, or had reason to believe, what it was being used for. Every case depends on its facts.

Will I get bail?

Many account holders do, particularly where they cooperate and are not the organisers. No lawyer can honestly guarantee an outcome.

If the victim is repaid, does the case end?

Repayment can help at the bail stage and in negotiation, but the FIR does not disappear automatically.

When should I contact a lawyer?

At the first call, before you make any statement.

Speak to a lawyer in Gurugram

If a Gurugram cyber police station has contacted you, get advice before you respond. Visit our cyber crime lawyer in Gurgaon page to get in touch.

This article is general information, not legal advice for any specific case.

Facing this yourself?

Call +91 82954 13475 or send the details. The first consultation is free. This post is general information and is not advice on any particular case.

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