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Cybercrimes are increasing day by day due to an increase in internet usage over the last decade. The " Digital India " Mission and Demonetization in 2016 are the most significant reasons for the maximization of cybercrimes because many users adopted online transactions as a mode of payment.
Affordable handsets and high-speed data plans attract more users to come on an online platform. Presently 500 million users use the internet, which is 1/3rd of the country’s population. These all result in growth in data theft complaints, online cheating cases, online financial frauds, and much more.
Women and children are also not safe in this era of the online world. Women are often subjected to cyber crimes like online stalking, cyber harassment, cyber pornography, matrimonial frauds cyber defamation, and much more.
Children are also targets of cybercriminals because they manage their accounts without any adult guidance. Blue whale games, which resulted in the deaths of many innocent children, is one of the examples of this type of crime.
What is Cyber Crime?
Cybercrime is the wrongful act done with the use of technology. When any criminal activity happens with the use of a computer as a primary source of an operation, it is called white-collar crime.
The cyber cell department is present in every state of India to deal with cybercrime complaints.
1. Hacking- When a person breaks into somebody's computer virtually to have access to a person’s personal information like banking details, email accounts, etc. is called hacking. It is one of the most common types of cybercrimes.
2. Cyber Stalking- It is a crime of online harassment by way of obscene messages. This crime is generally done against women. It is similar to offline stalking; the only difference is it is done online.
3. The Criminal with the motive of Theft– In this type of cybercrime, criminals access the data of the victim’s personal bank account, credit card, debit card, and other financial information to steal his money.
4. Cyber Bullying- When the online platform is used for harassing, defame, or intimidate a person, then it is known as cyber bullying.
5. Cyber Terrorism– When an individual is being threatened for extortion or anything else, then it is known as cyber terrorism.
6. Child Soliciting and Abuse– When a child is solicited by an illegal purpose to make child pornography is called as child soliciting and abuse.
Step 1– The very first step to file a cyber crime complaint is to register a written complaint with the cybercrime cell. According to the Information Technology Act, a cyber crime comes under the purview of global jurisdiction. This means that cybercrime can be registered in any part of India, irrespective of the place it was initially committed. At present, most cities in India have a cyber crime cell.
Step 2– Name, contact details, and address for mailing should be submitted while filing a cybercrime complaint. The written complaint is addressed to the Head of the cybercrime cell of the city.
Step 3- Victim of cybercrime will appoint legal counsel who will help him with reporting it to the police station and certain documents depending upon the nature of crime is required to submit by the victim.
Step 4- If the victim does not access a cyber cell, then he can also file the First Information Report at the nearest police station. If the complaint is not accepted there, then the victim can also move to the Commissioner or City's Judicial Magistrate.
Step 5- some cybercrime offenses come under the Indian Penal Code. So, a victim can register a cybercrime FIR at the nearest police station to report them. It is mandatory under section 154, Cr.P.C., for every police officer to record the complaint of an offense, irrespective of the jurisdiction in which the crime was committed.
Step 6- Most of the cyber crimes that are covered under IPC are classified as cognizable offenses. In this case, a police officer is bound to record a zero FIR from the complainant. Zero FIR offers solace to a victim of the crime, which requires immediate attention as it avoids wasting time in recording the offense in public records. He must forward Zero FIR to the police station under the jurisdiction of the place where the crime was committed.
The centralized cybercrime registration website is https://www.cybercrime.gov.in.
It is an initiative of the government of India to facilitate victims to register cyber crime complaints online. This portal caters to claims of cybercrimes only with particular focus on crimes against children and women. Complaints reported on this portal are dealt with by law enforcement agencies or police based on the information available in the complaints.
For Social Media-Based Complaints
1. Copy or screenshot showing the alleged content.
2. Screenshot of the URL of the alleged complaint.
3. Hard and soft copies of the alleged content.
For Mobile App-Based Complaints
1. Screenshot of the alleged app and the place from which it is downloaded.
2. Victim’s bank statement in case any transaction was made after the incident.
3. Soft copies of all aforesaid documents.
For Business Email-Based Complaints
1. Brief written about the offense.
2. Originating name and place.
3. Originating bank and account number.
4. Recipient’s name( as in bank records).
5. Recipient’s bank account number.
6. Recipient’s bank location.
7. Date and amount of transaction.
8. Swift number.
For Data Theft Complaints
1. Copy of stolen data.
2. Copyright certificate of stolen data.
3. Suspected employee details.
4. Documents required concerning suspected employees like a letter of appointment, non-disclosure agreement, assigned list of duty, etc.
For Ransomware or Malware Complaints
1. The phone number, email ID, or evidence or any other means of communication through which ransom was made.
2. Email attachments, screenshots of the email with the complete header of the first receiver in case of malware.
3. For Internet Banking/ Fake calls/ online transactions / Lottery scam related complaints.
4. Bank statement of the concerned bank for the last six months.
5. A copy of the SMS related to suspected transactions.
6. Copy of the victim’s ID and address proof in the Bank record.
For Online Cheating Complaints
1. A printout of the alleged email with its complete header as received by the original receiver.
2. Victim’s Bank statement.
3. Details of the suspected transactions.
4. Soft copies of all the transactions, as mentioned earlier.
Cyber Law is still in the development phase due to advancement in technology, the ultimate responsibility lies on the citizens to get aware about cybercrime and if people are aware of their rights then the administrative agencies and civil societies will work towards the same and changing the scenario of it in the country.
Social Media Post – Cybercrime is increasing day by day with the advancement of technology. So, it is crucial to know how to register a cybercrime complaint in case you become a victim.
These articles are provided freely as general guides. Do not rely on information provided here without seeking expericed legal advice first. If in doubt, please always consult a lawyer.
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