Search
  • Legis Scriptor

How to file a Cyber complaint in India?


Authored By- Megahana Vuttaradi

Keywords- Cyber Crime, Hacking, IT act

Abstract

Cybercrime has become a real threat to society with the development of technology and the advancement of widespread internet use. To recognize, mitigate, and prevent these threats, the Information Technology Act of 2000 was introduced. With the development of different internet uses and their associated advantages, the concept of cybercrime has also become diverse. In India, the Information Technology Act, 2000, is the statute that deals with crimes related to such crimes. Thus it was further amended to the IT Amendment Act, 2008. This article will aid to understand how to file a cyber crime complaint online & offline in India and educate about where to report a cybercrime before it is too late in India.

Introduction

These days, hacking has become prevalent and cybercrime is growing exponentially in India. Many government accounts have already been compromised, and today they are still insecure. Cyber-stalking, pornography, morphing, online abuse, defamatory or irritating posts, trolling or bullying, blackmailing, threats or coercion, email spoofing, and impersonation, etc., are the most prevalent and widely reported forms of cyber crimes against women. It is also necessary to understand where and how cybercrime is identified and what preventive steps can be taken against it.

What is Cybercrime?

In simple words, cyber crimes are unlawful acts or offenses committed using technology in India. There is no clear definition of cybercrime, so it's a white-collar crime when any illicit or criminal activity occurs using a device as the primary means of operation.

In almost every state, the cyber cell departments are open, ready for India to deal with cyber complaints.

Since online or offline cybercrime complaints have increased significantly in India, cyber cell departments and cyber police have established various cybercrimes.

In Vinod Kaushik and Ors v. Madhvika Joshi,[1] it was held that according to section 43 of the IT Act, 2000, access to e-mail accounts of husband and father in law without their permission was unauthorized. In 2011, this case was resolved. All these cases relate to the reality of how cybercrime has developed, particularly concerning India's evolution.

Types of Cyber Crimes in India:

Many forms of cyber crimes have been identified according to cyber law in India. Of those, the six that one most gets to learn and deal with are the following:

Hacking-It is one of India's most prevalent forms of cybercrime. When an individual virtually breaks into someone else's computer to access the personal and sensitive information of a person, such as financial data, email accounts, etc. It raises the risk of hacking, with everything being digital.

Cyber Stalking-The majority of reported online cybercrime complaints or cybercrime cell complaints apply to cyber-stalking after hacking. It is a crime of cyber abuse and usually done against women over the internet. It's equivalent to online harassment only done offline.

Online Theft-Access data from the victim's bank account, credit card, debit card and other confidential details over the internet when a perpetrator extorts their victims' money.

Cyber Terrorism-When an individual is threatened with blackmail or something else. Cyber terrorism is a crime.

Child soliciting and harassment- The crime is said to be committed when a child is asked to create child pornography over the internet.

How to register a Cyber Crime Complaint?

The crime investigation unit has set up several cybercrime cells in various Indian cities, taking care of cybercrime incidents and investigations. There is a dedicated cybercrime cell in most cities in India at present. At any moment, you can make a report either offline or online to the cyber police or crime investigation department. The first and foremost move is to file charges against the crime to offer penalties for cybercrime. A formal report needs to be lodged with the cybercrime cell in every jurisdiction. The victim needs to include their name, contact information, and address for mailing in the written complaint. The written report must be addressed to the Head of the Cyber Crime Cell of the city where they are sending the cybercrime report.

Cyber crime is protected by global jurisdiction under the IT Act, which ensures that a cybercrime case can be registered with either of the cyber cells in India, regardless of the location where it was initially committed or the place where the victim is currently residing.

How to report an FIR for a Cyber Crime?

First Information Report (FIR) can be filed at the nearest police station if the person filling complaint does not have access to any of the cyber-cells in India. One may contact the Commissioner or the Judicial Magistrate of the city if their case is not approved there.

Under the IPC, such cybercrime crimes come. To record them, a cyber crime FIR can be reported at the nearest local police station. Under Section 154 of the CrPC, it is mandatory for any police officer, irrespective of the jurisdiction in which the offence was committed, to record the information/complaint of an offence.

How to file a Cyber Crime Complaint online?

The online portal where a victim can file a complaint regarding cybercrime is https:/cyber crime.gov.in/Accept.aspx, Government of India initiative that addresses concerns regarding online child pornography (CP), child sexual abuse material (CSAM), or sexually explicit content such as the content of Rape / Gang Rape (CP / RGR) and other cybercrimes such as social media crimes, online financial fraud. The platform also offers an alternative to report an anonymous complaint about Child Pornography (CP) reporting or sexually explicit material such as the material of Rape / Gang Rape (RGR). One should follow the steps below to report on a cybercrime online -

STEP 1: Navigate to https:/cyber crime.gov.in/Accept.aspxx

STEP 2: On the menu, click 'Report other cybercrimes'.

STEP 3: Click 'Complaint File'.

STEP 4: Read and accept the conditions.

STEP 5: Record your mobile phone number and enter your name and state.

STEP 6: Fill in the appropriate details of the offence.

Cyber Crime Complaint Letter Format

There is no special format for the filing of a cybercrime lawsuit. A standard letter stating all the information regarding the crime needs to be written and lodged with the nearest police station. Documents that are appropriate to prove the crime must be attached to the message. The list of documents needed to be attached depends on the type of cybercrime that has been committed. It may be social media crime, or a mobile application crime, cyberbullying, etc. Therefore, this article itself has mentioned the list of these according to the type of crime committed. The general format for complaints about cybercrime has also been given below.

Conclusion

Nevertheless, although internet users readily disclose their personal data, it remains the duty of the State to protect the interests of its people. It has recently been discovered that large corporations such as Facebook use their users' personal information and data and use this information to influence people's political views. This is a serious threat to the privacy of both individuals and to the interests of the country. With the application of the I.T, the Cyberspace Crimes Act, 2000, has been discussed quite smartly in India, but the proper enforcement of the Act is still missing. Considering the current situation, the need for effective cyber laws is obvious, but people should also be aware of certain risks when browsing the internet.

[1] 2012 - W.P. (C) 160/2012

References

1. https://www.google.com/amp/s/www.myadvo.in/blog/how-to-file-a-cyber-crime-complaint-with-cyber-cell-in-india/amp/

2. https://www.google.com/amp/s/blog.ipleaders.in/how-to-register-cyber-crime-complaint-with-cyber-cell-of-police-online-complaint-procedure/

3. https://www.google.com/amp/s/www.csoonline.com/article/3564601/how-to-report-cybercrime-in-india.amp.html

CONTACT US

Website:-          www.Legisscriptor.com

E-mail:-            Info.legisscriptor@gmail.com

For Internship:- Legisscriptor.internship@gmail.com

Contact info:-    8851264387 (WhatsApp Only)

© 2020 by Legis Scriptor. 

  • LinkedIn
  • Instagram