In this technological world, somewhere we all get trapped in Cyber Crimes, therefore we must know how to file a cyber complaint.
Introduction
The invention of the computer is one of the remarkable innovations. This technology has become the soul and essence of many activities around the world.
Individuals of every age group have become users of computers.
Its invention has made human life easy-going. But along with its benefits, there are some negative facets too.
Herein, the attention must be drawn to the fact that these facets affect human life miserably.The possibility of misuse imbibed with the computer has taken various shapes, such criminal activities are known as “cybercrime”.
Cybercrime involves manipulation or infiltration into computer systems which amounts to illegal activities.
The IT Act and the Indian Penal Code deals with numerous cybercrimes and their punishments.
Types of cybercrime:
Common forms of cybercrime include:-
- Hacking-Shutting down or misusing the computer networks or websites.
- Phishing-Using fake email messages to get in touch with internet users and use their personal information.
- Spreading hate and inciting terrorism
- Cyberbullying – Misusing someone’s personal information (identity theft)
- Distributing child pornography
- Phishing-Using fake email messages to get in touch with internet users and use their personal information.
- Spreading hate and inciting terrorism
- Cyberbullying – Misusing someone’s personal information (identity theft)
- Distributing child pornography
How to file a Cyber Crime Complaint?
The first step to take after facing a cybercrime is to file a written complaint in the cyber cell of the city you are in. This is irrespective of the place where the crime has occurred.
According to the IT Act, a cybercrime comes under the purview of global jurisdiction. This means that a cybercrime complaint can be registered with any of the cyber cells in India.
When filing a cybercrime complaint, you need to provide your contact details. The complaint has to be issued to the head of the cybercrime cell of the city where the complaint will be lodged.
Online Cyber Complaint
The Government of India has developed a portal www.cybercrime.gov.in called National Cyber Crime Reporting Portal, where any person aggrieved of cyber crime can submit his complaint online.
This portal is a Government of India initiative that allows victims/ complainants to register cyber crime complaints online. This portal handles all types of cyber crime complaints, including those involving online Child Pornography (CP), Child Sexual Abuse Material (CSAM), or sexually explicit content like Rape/Gang Rape (CP/RGR), as well as other cyber crimes like mobile crimes, online and social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes, and online cyber trafficking.
The portal also allows users to file an anonymous complaint in order to denounce online Child Pornography (CP) or sexually explicit content such as Rape/Gang Rape (RGR).
Also Read
What if a city doesn’t have a cyber cell?
Most of the cities in India currently have a designated cyber crime cell. However, if the crime takes place where there is no designated cybercrime cell then you can file a First Information Report (FIR) at the local police station. In case your complaint is not accepted there, you can approach the Commissioner or the city’s Judicial Magistrate.
It is mandatory under Section 154, Code of Criminal Procedure, for every police officer to record the information/complaint of an offense, irrespective of the jurisdiction in which the crime was committed. If the Police Station lacks the jurisdiction of the crime then the police officer is bound to lodge a Zero Fir and then transfer it to the appropriate Police Station.
Social Media Crimes:
Most social media platforms have a clear procedure in place for reporting any abuse or other nasty offenses. However, reporting such activities in the very initial stages of their occurrence is important to get proper redressal.
The procedures enable the concerned social media platform to take immediate steps for blocking further activities and protecting the privacy of your personal information.
Facebook, Twitter, Instagram, Snapchat, and YouTube already have a strict and clear redressal mechanism to protect its users from online abuse and cybercrimes.
Under the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, it is incumbent upon the social media intermediaries to establish a grievance redressal cell, and appoint a grievance redressal officer, so that action be taken against illegal activities.
Some essentials to lodge a Cyber Crime Complaint:
- For Social Media Crimes:
-A copy or screenshot showing the alleged profile/content
-A screenshot of the URL of the alleged content
-Hard and soft copies of the alleged content
-Ensure that the soft copy is provided in a CD-R
- Mobile Apps Crimes:
-A screenshot of the alleged app and the location from where it was downloaded
-The victim’s bank statements in case any transactions were made after the incident
-Soft copies of all the aforesaid documents
- Financial Online Frauds:
-A written brief about the offense
-Originating name and location
-Originating bank name and account number
-Recipient’s name (as in bank records)
-Recipient’s bank account number
-Recipient’s bank location (not mandatory)
-Date and amount of transaction
-SWIFT number
- Online Payment Crimes:
-Bank statements of the concerned bank for the last six months
-A copy of the SMSs received related to the suspected transactions
-Copy of the victim’s ID and address proof as in bank records
- Crypto-currency crimes:
-A written brief about the offense
-The address of the bitcoin
-The amount of bitcoin in question
-The address from/to whom the purchase/sale of the bitcoins have been done
Edited by
Rajat Rajan Singh
Editor-in-Chief at Law Trend
Advocate Allahabad High Court Lucknow
Written by
Harshwardhan Pawar and Aditi Batra (Interns)
