How to Report Cyber Crime Complaint with Cyber Cell of Police? What is Procedure for Online Complaint ?

Introduction

Cyber Crime is a global danger that has an increasing impact on people, companies, and governments. It includes a broad range of unlawful actions carried out via the internet or other digital communication channels, such as child pornography dissemination, online fraud, identity theft, hacking, and cyberstalking. Cyber Criminals employ advanced methods to steal personal data, interfere with services, and generate losses.

What is Cyber Crime?

Cybercrime is illegal activity that takes place online or on computer networks. Hacking, phishing, identity theft, online fraud, and the dissemination of malware are a few examples of cybercrime. Traditional crimes like embezzlement and theft that are carried out using computer networks can also be considered cybercrime. A distributed denial-of-service (DDoS) assault that takes down a website or network can cause more widespread harm than only financial loss, as in the case of online fraud.

Cyber Crime is the term for wrongdoings carried out over the internet or other digital channels of communication. These offences can take many different forms, such as child pornography distribution, internet fraud, identity theft, hacking, and cyberstalking are the types of Cyber Crime.

Also Read : How To Get Gun License In India In 2023? Any Change In Procedure?

Some specific examples of Cyber Crimes in India include:

1. Hacking: Unauthorized entry into a computer or network with the intent to steal or delete data.

2. Identity Theft: Obtain personal information, including login information, credit card numbers, and other sensitive data.

3. Phishing: The practise of sending phoney emails or messages to persuade recipients to divulge their personal information.

4. Financial fraud: Purchasing goods or money through unauthorised online transactions.

5. Online Stalking and Harassment: Individuals are harassed and followed on social media and other online platforms.

6. Child Pornography Distribution: the possession, creation, and dissemination of child pornography via digital platforms.

The Indian Computer Emergency Response Team (CERT-In), a specific Cyber Crime cell in India, is in charge of combating and preventing Cyber Crime there. A legislative basis for combating Cyber Crime in the nation is provided by the Information Technology Act 2000 and its revision from 2008.

But since technology and the internet are used more frequently and more people are not aware of the risks, the rate of Cyber Crime in India is increasing. By being cautious when giving personal information online, being aware of phishing schemes, and keeping your computer and mobile devices safe with the most recent security software, you may protect yourself from these crimes.

What is the Procedures to File a Cyber Crime Complaint in India?

There are actions you can take to submit a complaint and seek justice if you have been a victim of Cyber Crimein India. Depending on the types of Cyber Crime and the jurisdiction where it occurred, the procedure for submitting a complaint may vary, but in general, the procedures below can be followed:

Step 1: Gather evidence: It’s crucial to compile as much relevant evidence as you can before submitting a complaint. This may include emails, chat logs, screenshots, and any other pertinent data.

Step 2: Get in touch with the local police station: You can report Cyber Crime to the police station that is most nearby. Your complaint will be accepted, and it will be filed as a FIR (First Information Report)

Step 3: Online Complaint Submission: Another choice is to contact the Indian Computer Emergency Response Team (CERT-In), which serves as the country’s nodal organisation for dealing with cyber security issues like phishing, website hacks and defacements, viruses, and denial of service assaults. On their website (https://www.cert-in.org.in), you can file a complaint online.

Step 4: After filing the complaint, you must supply all required paperwork, including identification documentation and any supporting documentation for the crime.

Step 5: Maintain a record of your grievance: A copy of the complaint should be sent to you, and you should keep it safe for future use.

Step 6: Police follow-up is recommended: Verify the status of the investigation and follow up with the police on the complaint.

It is crucial to remember that instances involving Cyber Crime can be challenging and time-consuming to resolve. As a result, it’s crucial to remain persistent and patient throughout the process. Additionally, it is advised to have legal professionals assist with the proceedings.

Remember that reporting Cyber Crime is a crucial part of the fight against this illegal activity; it not only aids in catching the offender but also raises awareness of the crime and helps to stop it from happening again in the future.

What are the Documents required to file a complaint?

You will often be asked to submit specific papers to back up your claim when you report Cyber Crime in India. Depending on the type of crime, additional documentation may be needed, but generally speaking, you will be asked to give:

Proof of Identity: A copy of your voter ID, passport, or any other form of government-issued identification with your name and picture serves as proof of identity.

Proof of Address:  A copy of a utility bill, bank statement, or any other document that verifies your address can be used as proof of residence.

Evidence of the Crime: Screenshots, emails, chat logs, and other digital evidence that related to the crime may be considered as evidence of the crime. You can offer copies of your PAN card, bank statement, or any other document that verifies your identification if you’ve been the victim of identity theft, for instance.

Evidence of Harm or Loss: Evidence of harm or loss: You can present proof of your losses, such as bank statements or receipts, if you experienced financial or other losses as a result of the cybercrime.

Supporting Documentation: If you believe someone has committed financial fraud, you can submit copies of any checks, wire transfer information, account information, copies of emails, chat records, and any other documentation you may have.

It’s crucial to remember that the evidence needs to be saved in its original form so that it can be utilised as such in a court of law. The records should be kept in numerous copies so that you have backups in case the originals are misplaced or destroyed.

It is usually essential to acquire legal counsel when making a complaint. They can advise you on the precise paperwork needed and aid you in drafting the complaint in accordance with the Indian IT Act.

Can the Cyber Crime Complaint be filed online?

In India, you have the option of reporting cyber crime complaint online in addition to in-person at a police station. This can be done via the website of the Indian Computer Emergency Response Team (CERT-In) and also can be filed at Cyber Crime Portal, which serves as the country’s central point of contact for handling cyber security issues. The processes to make a Cyber Crime Complaint online at the Cyber Crime Reporting Portal are as follows:

Go to access the CERT-In website- Click here
Go to access the National Cyber Crime Portal – Click here

Provide the Required Documents: You will also be asked to upload any required documents, including identification, address, and crime-related documentation.

Form Submission: Press the submit button after completing the form and adding the required files.

Follow the Complaint’s Progress: You can follow the complaint’s progress on the CERT-In website. You will be given a complaint reference number; use that number to follow the complaint’s progress.

You must make sure to include a working phone number and email address because the CERT-In will contact you regarding your complaint using these details.

It’s crucial to keep in mind that if you submit the Cyber Crime Complaint Online, you will need to upload the papers in digital format. It’s also usually advised to get legal counsel while crafting the complaint, especially when stating the specifics of the crime. Besides above one can file the complaint at Indian Cyber Crime phone number : 1800 209 6789

What Types of Crime considered as Cyber Crime?

Cybercrime refers to a broad variety of unlawful actions carried out via the internet or other digital communication channels. The following are some of the most typical forms of different types of Cyber Crime India :

Hacking: Unauthorized entry into a computer or network with the intent to steal or delete data.

Identity Theft: Identity theft is the theft of personal data, including login details, credit card numbers, and other sensitive information.

Phishing: The practise of sending phoney emails or messages to persuade recipients to divulge their personal information.

Financial Fraud: Financial fraud is the illegal acquisition of cash or other assets through internet transactions.

Online Harassment and Stalking: Harassment and surveillance of persons through social media and other online platforms is known as online harassment.

Distribution of Child Pornography: Using digital channels to possess, create, and distribute child porn.

Ransomware: Malware known as ransomware encrypts the victim’s files and demands payment in exchange for the decryption key.

DDoS(Distributed Denial of Service) Attack: A website is flooded with fictitious traffic in a DDoS (Distributed Denial of Service) attack to render it unavailable.

IoT (Internet of Things) Attacks: Attempts to acquire sensitive data or take control of internet-connected devices like routers, cameras, etc.

Advanced Persistent Threat (APT) : Long-term, targeted attacks often carried out by nation-states or criminal organisations to obtain sensitive information from an organisation are known as advanced persistent threats (APTs).

This is not a comprehensive list, and as technology develops, new forms of cybercrime are continually appearing. It’s critical to understand the many forms of cybercrime and take precautions to safeguard your online identity and personal data.

How to Protect from cybercrime?

One can take a number of precautions to safeguard yourself from online crime. Here are some pointers:

Strong Password: Make sure your passwords are long and difficult. Use a distinct password for each of your online accounts. Avoid using words that are simple to guess as passwords or personal information.

Use two-factor Authentication: Two-factor authentication increases security by requiring a second form of identification in addition to your password, such as a fingerprint or a code delivered to your phone.

Regular Update Software and Hardware: Update your operating system, antivirus programme, and all other programmes you use on a regular basis.

Be Careful About What You Click On: Clicking on links or downloading attachments from unidentified sources could expose you to malware or phishing attempts, so be careful what you click on.

Recognize Phishing Scams: Be vigilant of unauthorised phone calls, texts, or emails that request personal information. Genuine businesses won’t call or contact you asking for your personal information.

Use a Virtual Private Network (VPN) When Connecting to Free WiFi: A VPN encrypts your internet connection to protect your data because public Wi-Fi can be risky.

Keep a Back-Copy data: Regular Back up of the data, incase the data is hacked you have the back up to use it.

Some of the Landmark Judgements in India for Cybercrime

Various laws and acts have been passed in India to combat cybercrime, but some court decisions have established precedents for how the crime should be handled there. Here are a handful of the important rulings against cybercrime that India has handed down:

The Sakshi v. Union of India Judgement (2004): In this Case, the Indian Supreme Court ruled that Article 21 of the Indian Constitution protects the right to reputation as a fundamental right. This ruling established a standard for how cases of online defamation should be handled in India. Click here to Read Judgement

The Avnish Bajaj v. State (NCT of Delhi) judgement (2007): In this case, The Delhi High Court ruled that although the Indian Penal Code did not expressly list “cyberstalking” as a crime, the behavior might be viewed as a crime under its sections on criminal intimidation, insult, and annoyance. Click here to Read Judgement

Shreya Singhal v. Union of India Judgement (2015): In this case, the legitimacy of Section 66A of the Information Technology Act—which made using a computer or communication device to send “offensive” messages illegal—was contested. The Information Technology Act’s Section 66A was found to be unconstitutional and to infringe the right to free speech and expression by the Supreme Court of India. Click here to Read Judgement

The Supreme court judgement on the Section 66A of the IT Act (2015) declared it violative of the freedom of speech and expression.

Sukesh Chandrasekhar v. The State of Tamil Nadu, 2018: The conviction of a person for fraud and identity theft under sections 467, 468, 471, and 420 of the Indian Penal Code was maintained by the Supreme Court of India. Click here to Read Judgement

Conclusion

Businesses are at risk from cybercrime, which may lead to financial losses, harm to their reputations, and the interruption of vital services. It can lead to identity theft, financial fraud, and mental suffering, which puts people at risk.

The risk of cybercrime is anticipated to rise as technology develops more and more people become online. It’s critical that people, organisations, and governments take precautions to safeguard themselves against cybercrime. Some of these precautions include using strong passwords, maintaining software and hardware updates, exercising caution when opening links or downloading attachments, and being aware of phishing scams.

Disclaimer

The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.