From a practitioner’s lens at Vakilverse, the USSD scam is a battle of “Micro-Timestamps.” Under the Bharatiya Sakshya Adhiniyam (BSA), we must focus on the integrity of signaling logs.
Exploring the technical reality of USSD-based intercept scams under the BNS/BSA framework.Procedural Safeguard Checklist:
- Admissibility Challenge: Ensure the defense demands a Section 63 BSA certificate from the TSP to prove the
*21*code originated from a deceptive USSD session. - Causality Chain: Cross-reference the “Delivery Agent” incoming call with the outgoing USSD code to prove the “Deceptive Inducement.”
- PMLA Shield: If bank accounts are frozen due to “Mule” activity, use the “Good Faith” exception under BNS by producing the original commission-based advertisement as evidence of deception.
Practitioner’s Strategic Note:
“In my 15 years at the Bombay High Court, I have found that digital cases are won on technical lapses. If the TSP failed to send a confirmation SMS for the call forwarding, the entire liability for the bank drain can be shifted to the carrier. Defense is no longer about denial; it is about engineering a technically superior narrative.”
Master Citation: