The increase in the internet usage over the last decade has
resulted in increasing cyber crimes and cases of online cheating. It can be
quite confusing for a cyber crime victim to understand the steps to register a
cyber crime FIR. In the face of an adversity, it is essential to know how to
file a cyber crime complaint in India? And this blog shall serve this purpose.
India’s Progress Towards a ‘Digital India’ Vision
The “Digital India” vision and the 2016 demonetization have
been the game-changers for India’s digital landscape.
Within a fortnight,
thousands of Indians were creating their presence ‘online’. Additionally, affordable mobile handsets and high-speed data plans saw more and more Indians welcoming
the digital frenzy with open arms.
The internet penetration
in India currently is 34%. This translates to roughly 500 million users. With millions of individuals creating their online presence, the
consequences of this digital plague have been frightening.
The result? An
unrestrained growth in data theft complaints, online cheating cases, online
financial frauds and much more. This calls for all the more reason to know how
to file a cyber crime complaint in India?
Do not wait for a Cyber Crime to strike you to know what to do in
case you are the victim of one!
Did you know that at
least one cyber crime is
reported every 10 minutes in India? In 2017, 4035 cyber crime cases were registered under the
Information Technology (IT) Act.
Cyber Crimes against Women and Children Are on the Rise
Women and children have
been found to be most gullible in the online world with cyber crimes against
women and children witnessing a sharp rise over the last couple of years. Women
are often subjected to cyber crimes such as cyber harassment, online stalking, cyber
pornography, cyber defamation, matrimonial frauds and much more.
Children are also soft
targets for cyber criminals as
most teenagers and adolescents manage their online presence without adult
guidance. It is hard to get over the spate of deaths of innocent teenagers
resulting from the online suicidal game – Blue Whale. In fact, as parents, if you observe restlessness, insomnia,
excess addiction to the internet or other unnatural changes in your child’s
behavior, then it is about time that you exercise caution and monitor your
child’s online activities.
Apart from these, online financial frauds have also become an everyday occurrence.
Each day, thousands of innocent individuals fall prey to online banking and credit/debit card frauds.
Statistics show that
over 25,800 online banking frauds were reported in 2017, which amounted to
nearly ₹179 crore!!
Steps to File a Cyber Crime Complaint
Let’s accept it, we have
all seen such cases happen with our kith and kin. Losing one’s hard earned
money to online criminals or seeing a loved one suffer due to a matrimonial
scam can be painful and hard to accept.
And the scenario that
follows is utter confusion and inability to comprehend the next course of
action. Where to file a cyber crime complaint? What are the steps to register a
cyber crime FIR? What evidence to provide? How long to wait before following up
and so much more!
In the event of a cyber
crime, it is really distressing to get a grip on the situation. Worst still, to
go through the process of understanding how to file a cyber crime complaint in
that grueling moment! We recommend that one should not wait for a cyber crime
to strike to be aware of the response mechanism to a cyber offense. The
following section shall tell you how to file a cyber crime complaint in India in few simple steps.
1. The very first
step to file a cyber crime complaint is to register a written complaint with the cyber crime cell of the city are
currently in.
According to the IT Act, a cyber crime comes under the purview of global jurisdiction.
This means that a cyber crime complaint can be registered with any of the cyber
cells in India, irrespective of the place where it was originally committed.
At present, most cities
in India have a dedicated cyber crime cell. The last section of this article
shall provide you with the list of cyber cells in India.
2. When filing the
cyber crime complaint, you need to provide your name, contact details, and address for mailing. You need to address the written complaint to
the Head of the Cyber
Crime Cell of the city where
you are filing the cyber crime complaint.
3. In case you are
a victim of online harassment, a legal counsel can be approached to assist
you with reporting it to the police station. Additionally, you may be asked to
provide certain documents with the complaint. This would, however, depend on
the nature of the crime.
4. Register a Cyber Crime FIR: If you do not have access to any of the cyber
cells in India, 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.
5. Certain cyber crime offenses come under the Indian Penal Code. You can register a cyber crime FIR at the
nearest local police station to report them.
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.
6. Most of the cyber
crimes that are covered under the Indian Penal Code are classified as cognizable offenses. A cognizable offense is the one in which
a warrant is not
required for an arrest or
investigation.
In this case, a police
officer is bound to record a Zero FIR from
the complainant. He must then forward it to the police station under the
jurisdiction of the place where the offense was committed.
7. Zero FIR offers some solace to victims of cases
that require immediate attention/investigation as it avoids wasting time in
enlisting the offense on police records.
For Filing Complaints Related to Social Media Cyber Crimes:
1. Apart from the above
steps, one must also register a complaint on the corresponding platform where
the offense was committed. The steps for the same are clearly stated on every
social media platform.
2. Most of the social media platforms have a clear procedure in place for
reporting any abuse or other nasty offenses. You must make sure that you report such activities in the very initial stages of its
occurrence. This shall enable the concerned social media platform to take
immediate steps for blocking further activities and protecting the privacy of
your personal information.
3. Facebook, Twitter,
Instagram, Snapchat, and YouTube have a strict and clear redressal mechanism to protect its users from online abuse and
cyber crimes. Make sure that you do your groundwork on their guidelines for
reporting an abuse without waiting for an abuse to actually happen!
Registering an Online Cyber Crime Complaint
At present, the Ministry of Home Affairs is in the process of launching a
centralized online cyber crime registration portal that would
eliminate the need to visit a police station for the same. However, the Cyber
Crime Cell of Delhi Police and Indore have already
launched an online portal for educating the masses on cyber crimes and also
accepting online cyber crime complaints. Following are the links to file a
cyber crime complaint in India through an online portal:
Documents Required to File a Cyber Crime Complaint
It could be quite
hassling to maintain composure when you end up becoming a victim of a cyber
crime or find your loved ones going through that ordeal.
What could get all the
more frustrating is gathering the many documents required to file a cyber crime
complaint? Most victims do not have the faintest idea of what documents are
required to file a cyber crime complaint!
This section shall save
you the trouble of browsing through scores of Google results to understand what
you would need to file a cyber crime complaint in India. Here’s the checklist.
For Email Based Complaints
·
A written brief about
the offense
·
A copy of the suspected
email as received by the original receiver (forwarded emails should be avoided)
·
The complete header of
the suspected email
·
Hard and soft copies of
the alleged email and its header
·
Ensure that the soft
copy is provided in a CD-R
For Social Media Based Complaints
·
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
For Mobile Application Based Complaints
·
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
·
Soft copies of all the
aforesaid documents
For Business Email Based
Complaints
·
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
For Data Theft Complaints
·
A copy of the stolen
data
·
The copyright
certificate of the allegedly stolen data
·
Details of the suspected
employee(s)
·
The following documents
are required in relation to the suspected employee(s):
1. Letter of Appointment
2. Non-disclosure Agreement
3. Assigned list of duty
4. List of clients that the suspect handles
·
The proof of breach of
your copyright data
·
Devices used by the
accused during his/her term of service (only if available)
For Ransomware/Malware Complaints
·
The email ID, phone
number or evidence of any other means of communication through which the demand
for ransom was made
·
In case the malware was
sent as an email attachment, screenshots of the email with the complete header
of the first receiver
3For Internet Banking/Online
Transactions/Lottery Scam/Fake Call Related
Complaints
·
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
For Bitcoin Based Complaints
·
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
For Online Cheating Complaints
· A print out of the
alleged email with its complete header as received by the original receiver
(forwarded emails should be avoided)
·
Victim’s bank statement
·
Details of the suspected
transactions
·
Soft copies of all the
aforesaid documents
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