How to reply to cyber crime notice
What to Do If You Receive a Cyber Crime Notice Under BNSS Section 35 (Earlier 41A CrPC)?
The digital age has given us convenience—but it has also opened doors for cyber fraud, online scams, and financial crimes. Increasingly, people are receiving notices from the Cyber Crime Police for alleged involvement in fraudulent transactions,
data theft, USDT trading disputes, or online job scams.
If you have received a cyber crime notice under BNSS Section 35 (previously CrPC 41A), understanding the law and your rights is the first step toward protecting yourself.
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Why Cyber Crime Notices Are Issued?
A notice is not always an allegation of guilt—it is often part of the investigation process. You may receive one if:
Your bank account is linked to a fraudulent transaction.
You were part of a P2P cryptocurrency transaction (like USDT) later reported as fraud.
Your SIM card, email ID, or mobile wallet was used in a scam.
You are suspected of involvement in online job fraud, gaming fraud, or stock market fraud.
Your company or employee credentials are linked to data theft or corporate cyber breaches.
Legal Framework: Updated Laws (2024 Onwards)
From 1st July 2024, India replaced IPC, CrPC, and the Evidence Act with new criminal codes:
Bharatiya Nyaya Sanhita (BNS, 2023) – Replaces IPC
Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023) – Replaces CrPC
Bharatiya Sakshya Adhiniyam (BSA, 2023) – Replaces Evidence Act
Key provisions relevant to cyber crime notices are:
BNS Section 316 – Cheating (earlier IPC 420)
BNS Section 111(2) – Cheating by personation through electronic means (similar to IT Act 66D)
BNSS Section 35 – Police Notice for appearance & cooperation (earlier 41A CrPC)
BNSS Section 179 – Powers of investigation
BSA Sections 61–63 – Admissibility of electronic evidence like chats, emails, and screenshots
👉 A BNSS Section 35 Notice is not an arrest—it is a request to cooperate with the investigation. However, ignoring it can lead to further legal action.
Step-by-Step Guide: What to Do If You Receive a Cyber Crime Notice
1. Stay Calm and Do Not Panic
Receiving a notice does not automatically make you an accused. It is a chance to clarify your position.
2. Consult a Cyber Crime Lawyer Immediately
A specialized lawyer like Advocate Deepak, one of the leading cyber crime advocates in Noida & Gautam Buddh Nagar, can:
Review the notice.
Draft a strong reply.
Represent you during questioning.
3. Examine the Nature of the Notice
BNSS Section 35 Notice – For cooperation, earlier called 41A notice.
Summons under BNSS – Mandatory personal appearance.
FIR-based investigation – May escalate if ignored.
4. Prepare a Written Reply
Your reply should:
Confirm your willingness to cooperate with the investigation.
Clarify your innocence if you are not involved.
Provide supporting documents such as:
Bank statements
KYC verification
Transaction details (for USDT or P2P deals)
Email/SMS/chat screenshots
5. Avoid Oral Statements Without Legal Guidance
Every word you say can be recorded and used as evidence under BSA. Always consult your advocate before speaking to the police.
6. Consider Filing a Counter-Complaint
If your identity, bank account, or documents were misused by fraudsters, your lawyer can file a counter FIR/complaint to establish that you are a victim, not an accused.
Role of a Cyber Crime Lawyer in Notice Cases
A cyber crime advocate plays a crucial role in ensuring your rights are protected. Services include:
Drafting professional replies to BNSS Section 35 notices.
Seeking anticipatory bail if there is risk of arrest.
Filing a petition to quash false FIRs in High Court.
Assisting in bank account unfreeze and lien removal.
Handling corporate and high-profile cyber investigations.
Advocate Deepak has expertise in:
Cyber fraud cases (gaming fraud, USDT scams, stock market frauds)
Bank disputes & lien removal
Online job fraud recovery
Corporate data theft investigations
Difference Between Notice and Summon
| Aspect | Notice (BNSS 35) | Summon |
|---|---|---|
| Purpose | Cooperation in investigation | Compulsory appearance before authority |
| Earlier Law | CrPC 41A | CrPC 61 onwards |
| Arrest Risk | Low, if cooperating | Higher, if not complying |
A cyber crime notice under BNSS Section 35 is a serious matter, but with the right legal guidance, it can be handled smoothly. The key is to reply properly, cooperate with authorities, and engage an expert cyber crime lawyer who understands both the old and new laws.
Advocate Deepak, one of the best cyber crime advocates in Noida & Gautam Buddh Nagar, specializes in notice replies, cyber fraud defense, and bank account dispute cases.
Disclaimer
This blog is for informational purposes only and should not be treated as legal advice. We are not doing any advertisement or solicitation work. If you are a victim of stock market or cyber fraud, immediately contact the National Cyber Crime Helpline (1930) and file a complaint on www.cybercrime.gov.in
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