CYBERCRIME COMPLAINT

Cybercrime involves criminal activities that are committed through the internet or through the aid of any technology. Such crimes can be committed either by individuals or groups of people with the malicious intent to commit fraud using personal or financial information. Such crimes involve theft, cyberbullying, hacking, online harassment, fraud, spreading of viruses via links and others.

With the increasing use and reliance on the internet, cybercrimes are now a common site. The accessibility to the internet has led to the invasion of privacy of individuals and thus, resulting in a greater number of cyber-attacks against the individuals as well as other entities.

TYPES OF CYBERCRIME

With the advancement of technology, there is a rising emergence of different types of crimes, namely: -

(a) Phishing

The fraudulent party may impose as a trustworthy entity, commonly through email, call or social media, to obtain sensitive information like passwords, credit card numbers, among others.

(b) Hacking

It involves exploitation of any computer system or network, commonly with the intent of stealing or manipulating the data. Though hacking is illegal, there are some hackers who hack the system to secure vulnerable companies and organizations. These hackers are referred to as “ethical hackers”.

(c) Identity theft

It involves stealing of private information like name, address, credit card information, social security number and among others, for the purpose of gaining financial gains.

(d) Cyber Espionage

It involves stealing of sensitive information from governments or corporations using digital technology intending for political or financial gains.

(e) Online harassment and stalking

It involves harassing or threatening someone on the internet often anonymously

(f) Malware

Malicious intent to harm a computer system by injecting viruses, Trojan horses, and ransomware.

(g) Cyberbullying

To bully, often children and teenagers, using digital platforms like social media.

(h) Cyber Terrorism

To threaten, either a government or any population using digital technology.

(i) Distributed denial-of-service (DDos)

It involves crashing of sites with traffic in order to disrupt any services.

LEGAL REMEDIES FOR CYBERCRIME

With advancement of technology, it is imperative that proper legal remedies are provided to the victims of such crimes. Legal remedies depend on the nature of crimes and also on the law of jurisdiction in which the crimes were committed.

Following are the legal remedies for cyber crimes:-

1. Complaints

Anyone can file a complaint with the police or cyber cell if any offence is committed under the Information Technology Act, 2000, which was amended in 2008.

2. Cyber cells

Cyber cells are established for the purpose of giving assistance in case of any cybercrime.

3. Punishment

The Information Technology Act, 2000 provides for punishment of various cybercrimes and empowers courts to impose fines and imprisonment when convicted.

4. Cyber Appellate Tribunal

This tribunal is established to hear appeals against the orders passed by the Adjudicating Officer under the IT Act.

5. Blocking of websites

The Government has the power to block any website if found to be engaged in unlawful and unauthorized activities.

6. International cooperation

India is a party to various international treaties related to cybercrimes with international agencies of various countries and therefore helps the government in investigation and prosecution of cyber crimes cases across the world.

PROCEDURE OF COMPLAINT AGAINST CYBERCRIME

In case of any cybercrime, you can file a complaint with the cyber cell of your local police station. Follow the below steps:

1. Collect evidence

The victim should carry all the evidence related to the cyber crime like emails, links, screenshots, text messages and other relevant documents in order to aid the police with the investigation and identification of such accused.

2. Lodge a complaint

The next step is to lodge a complaint with the cyber cell of your local police station. Cooperate with the police and provide them with all the relevant information, like name, address, contact information and a detailed description of the crime, for the purpose of investigation.

3. Obtain a copy of the FIR

After lodging a complaint, the police will register an FIR and will provide you with a copy of the same.

4. Cyber Crime cell of the state

If police are not responding or investigating in the matter then you also have another option of contacting the cybercrime cell of the state police department. The contact information is available on the website of the state police department.

5. National Cyber Crime Reporting Portal

In case of no response from the above authorities then you have last resort to file a complaint with the National Cyber Crime Reporting Portal (https://cybercrime.gov.in/). The portal is handled by the Ministry of Home Affairs.

HOW TO FILE A COMPLAINT

1. Approach the nearest police station that has authority over the area where the crime was committed.
2. The Police shall Lodge a First Information Report (FIR) against the accused and furnish all the proofs that you possess regarding the case such as bank statements, call recording, screenshots, text messages, etc.
3. If the Police refuse to lodge an FIR, then you may directly approach any higher rank officers such as Superintendent of Police and write an application with the subject ‘Complaint against refusal of police to lodge FIR in cyber fraud case’. The Superintendent may either investigate the case himself or would direct a team to look into the matter.
4. Even after following the above procedures the police have not lodged an FIR then you may approach the court with a criminal complaint under section 200 and 156(3) of CrPC for registration of FIR.

HOW TO FILE ONLINE CYBER COMPLAINT

In case of no response from the above authorities then you have last resort to file a complaint with the National Cyber Crime Reporting Portal (https://cybercrime.gov.in/). The portal is handled by the Ministry of Home Affairs.

After clicking on the above website, the following screen would open

The website is used for online cyber complaints in the following three cases:-

1. For reporting crimes related to women and children,
2. For reporting other cybercrimes,
3. For tracking the complaint already filed

It is an initiative of the Government of India that addresses complaints related to online child pornography (CP), and child sex. Abuse content (CSAM) or sexually explicit content such as rape/gang rape (CP/RGR) content and other cyber-crimes such as social media crimes, online financial fraud, ransomware, hacking, cryptocurrency crimes, and online cyber trafficking. The portal also provides an anonymous reporting option for reporting sexually explicit content such as child pornography (CP) or rape/gang rape (RGR) content. One can follow below mentioned steps to report cyber-crime online. Report messages anonymously or You can report crimes related to online Child Pornography/ Rape or content anonymously also you can report the malicious messages. Malicious messages that you are sending through electronic form.

Step 1: Go to https://cyber crime.gov.in/Accept.aspx

Step 2: Click the button 'Report Other Cyber Crimes'.

Step 3: Click on 'Submit Again'.

Step 4: Read the terms and accept them.

Step 5: Register your mobile number and fill in details of your name and state.

Step 6: Fill in relevant details about the crime

HOW A BANK CAN HELP YOU IN RECOVER YOUR AMOUNT

It is expedient to remain vigilant and to report the fraud immediately to your concerned bank.

You may ,after filing the FIR with the police, submit such an FIR along with the application to the concerned bank directing the bank to recover your amount.

It is to be noted that such steps can be taken only if you have not shared your OTP or other details.

You can also call the helpline 155260 to report the financial fraud. This is an emergency line started by the ministry of home affairs and the RBI has all major public and private banks onboard.

HOW TO PREVENT CYBER CRIME?

Any person using the Internet should follow some basic precautions. Here are tips to help protect yourself from a range of cybercrimes.

• Use a full-service of internet security
• Use strong password
• Keep the software always updated
• Manage your social media settings
• Strengthen your home network
• Should know about identity theft can happen anywhere