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How to file a Cyber complaint in India?

Published

November 26, 2020

Introduction:

The extraordinary development of internet networks has led to a new vista for cyber crimes and India is not in any way immune to this threat. These are acts carried out with the help of internet or computers, which are wrongful or illegal. In order to deal with this type of crime, India came up with a legislation called as, Information Technology Act in 2000. Under this act, Different Cyber crimes have been recognized, such as Hacking, cyber stalking, online theft, cyber bullying, cyber terrorism, child soliciting and abuse, software piracy, denial of services etc.

As the number of cyber crime reports are increasing day by day, Cyber Cells have been established that are accessible to receive complaints in various cities of India.

Procedure to file a complaint:

The first step is that anyone willing to file a complaint, either online or offline, can at anytime reach out to cyber police or cells. Many departments have been made for investigation of these crimes by cyber crime cells and even victims can make a call to the provided helpline number. As provided under the act, this crime has a global jurisdiction, thus a complaint can be filed either at the place where cause of action arose or where the victim resides.
An application is needed to be filed addressing the head of investigation cell along with addressers personal information which includes, their name, email and phone number.
A list of documents is needed to be annexed while registering a complaint, which varies with the nature of cyber crime reported.

Online registration of complaint:

The government of India has taken an initiative, that is taking of complaints through online portal, related to online Child Sexual Abuse material (CSAM), Child pornography or content which includes rape or gang rape and other various offences done on social media, crypto currency crimes, cyber trafficking, financial fraud etc.

Procedure:

The victim can go to the provided website that is https://cyber crime.gov.in/Accept.aspx.
Next he or she has go to the menu and click on ‘report other cyber crimes’.
Then file a complaint.
Read and accept the conditions mentioned.
Fill the information and details about the crime.

Procedure to file FIR:

The victim can also report the complaint at any police station in the form of FIR, In case he or she does not have access to cyber cells. If it is not accepted there, he or she can go to the commissioner or judicial magistrate of the district. Irrespective of the jurisdiction, a police officer is obliged to record the information of the offense under section 154 of CrPC.

Filing complaint against the following;

Cyber stalking: It means to irritate or threaten people by the use of internet, social media, messaging and digital devices. Under the section 354(d) of Criminal Law Amendment of 2013, if any person follows a woman and tries to contact her in order to foster personal interaction despite the woman’s disinclination towards it, then he is committing stalking and can be charged against it. Even the monitoring of the use of internet by a woman, is stalking.

Procedure:

The victim has to register complaint in any cyber cell of the city or file an FIR in the local police station, Subsequently a legal practitioner will be provided to assist in filing the case.

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Cyber bullying: It is bullying through computers, smart phones and other digital devices which results in Abasement. It also includes character assassination of other individuals by sharing wrong and nasty information.

Usually Social media apps have guidelines related to reporting and dealing with cyber bullying. Moreover, complaint can also be reported to complaint-mwcd@gov.in or a nearest cell.

Cyber crime against women and children: with the generation of these crimes cropping up, as usual, women and children are the most vulnerable segment.

On one hand women are facing pornography, trolling and bullying, online harassment, Intimidation and on the other hand children are subjected to child pornography, spreading of perverted videos, etc.

To prevent cyber crime against these effectively, Indian government through its ministry of home affairs has initiated schemes with an outlay of Rs 223,198 Crore for operating units such as, capacity building, online cyber crime reporting, research and development, forensic and awareness creation.

Documents required for reporting cyber crime:

In order to file a complaint, following documents are required;

Email based complaint:

A complaint with details of the offence and incident.
Copy of email taken from the original receiver but not any forwarded email.
Alleged email’s header.
The header and email should be in hard and soft copy.

Mobile app-based complaints:

Alleged app’s screenshot.
App’s Download location.
If any transactions were done during incident, it’s bank statement.
Above mentioned documents in their soft form.

Social media based complaints:

A screenshot of alleged profile or URL of content.
Content’s hard and soft copy.

Business email based complaint:

Little details of incidents and offense.
Name and other details of the offender.
Bank account details.
Bank account details of recipient.
Details of transaction.
If available, some additional information.

Data theft complaints:

Stolen data details.
Copyright certificate.
Details and documents of suspected employees;

Letter of appointment.
Non-disclosure agreement.
List of duties, gadgets and clients.
Proof of breach of copyright.

Ransom ware complaint:

Ransom demanded through any means of communication.

Internet banking complaints:

Bank statement of last six months.
Copy of SMS received related to alleged transaction.
Details of victim as per the bank record.

Consequences of cyber crime:

Wastage of time: The information technology officers have to waste their time in dealing with these incidents rather than focusing on productivity and creativity of the organisation.
Loss of revenue: When a person extracts some confidential information from a company or organisation, loss of revenue is caused, which is one of the most impactful consequences of cyber crime.
Loss of reputation: When a customer’s data is hacked or infiltrated, they lose their trust in the company, which leads to a ruined reputation of that organisation.
Less productivity: The efficiency of an employee is usually challenged when companies apply security measures in order to stop cyber crimes and most of their efforts are wasted in dealing with this only, resulting in reduced productivity.
Cyber terrorism: When internet and digital devices are used to gain political or ideological ends, by performing any brutal acts, which lead to, or threaten, death, bodily injury of individuals or groups, it is known as cyber terrorism.

It has a negative impact on a nation’s economic integrity and businesses that are run by the means of internet.

Ill effects on society and government: Now a days the most efficient way of making money is through internet, be it lawful or unlawful. So it is evident that cyber crimes are growing with the growth of technology and people from different spheres of society are becoming a victim of these offences. Though the government is trying to provide different rules and guidelines, it is itself becoming more vulnerable to the cyber criminals.

Conclusion:

Unfortunately, there is no doubt to the fact that cyber attacks are a very common form of crime now. Each person who wants to safeguard himself from getting trapped in such a situation must primarily follow all the necessary precautions and measures.

One should avoid opening unexpected attachments, lock the device before leaving workplace, double check work, use different passwords for different sites, avoid over sharing, beware of scams etc.

However, if still a person is trapped in any form of cyber crimes, he or she can report a complaint in the aforesaid manner.

Reference:

Ziqra kanroo.

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