How to file a complaint in regards to violation of Cyber Laws
By: Adv. Kishan Dutt Kalaskar
Date:31 January 2022
The idea of cybercrime has increased in scope as a result of the widespread use of the internet and its associated benefits. The Information Technology Act of 2000, which was later updated to the IT Amendment Act of 2008, is the Indian legislation that deals with penalties linked to such offences.
Hacking has been increasingly popular in recent years, and cyber-crime in India is on the rise. Many government websites have been hacked and are vulnerable today. Cyberstalking, pornography, morphing, online harassment, libellous or unpleasant comments, trolling or bullying, blackmailing, threat or intimidation, e-mail spoofing, and impersonation are some of the most common and often reported types of cybercrime against women.
The Code of Criminal Procedure, 1973 governs the procedure for criminal proceedings, including how to file a criminal complaint or FIR against an accused person, as well as the procedure for criminal trial and disposition of a criminal case. Similarly, the Code of Civil Procedure, 1908 governs the procedure for civil cases, including how the plaintiff can begin the proceedings by submitting a plaint in civil court and how the defendant can respond to the plaintiff with a written declaration.
It also lays out the method for the full civil action as well as the resolution of the civil complaint. But the main question is as to how can a victim of cybercrime file a case against the perpetrator?
What is cybercrime?
Simply put, cyber-crimes in India are wrongdoings or crimes committed via the use of technology. There is no particular definition of cyber-crime; however, it is a white-collar crime when any illicit or criminal conduct is carried out utilising a computer as the principal means of operation. Cybercrime is a wide phrase that refers to criminal activity that involves the use of computers or computer networks as a tool, a target, or a location for illegal activity. It encompasses anything from electronic theft to denial-of-service assaults. It is a broad word that encompasses crimes like phishing, credit card fraud, bank robbery, illegal downloading, industrial espionage, child pornography, child abduction through chat rooms, scams, cyber terrorism, virus production and dissemination, and spam, among others.
In India, there are cyber cell departments in practically every state established to deal with cyber concerns.
Since the number of reports of cyber-crime complaints, both online and offline, has risen dramatically in India, cyber cell departments and cyber police have recognised a variety of cyber-crimes.
Types of Cyber Crime in India
Many sorts of cyber offences have been established under India's cyber legislation. The six most common issues that one encounters and deals with are as follows:
Cyber Stalking - After hacking, cyber-stalking is the most commonly reported cyber-crime online complaint or cyber-crime cell complaint. It is a crime of online harassment, which is mostly committed against women.
Online Theft- When a criminal extorts money from a victim, they use the internet to gain access to the victim's personal bank account, credit card, debit card, and other sensitive information.
Cyberbullying- Cyberbullying is when a person is harassed, defamed, intimidated, or harassed via the internet, mobile phones, or social media.
Cyber Terrorism - Cyber terrorism occurs when a person is threatened with extortion or other forms of extortion.
Hacking- In India, it is one of the most frequent kinds of cybercrime. When a person virtually hacks into another person's computer in order to get access to personal and sensitive information such as banking data, e-mail accounts, and so on. As more and more things become digital, the chance of being hacked rises.
Phishing- Sending bogus messages or e-mails with a link to a certain webpage in order to trick victims into inadvertently entering personal information (such as contact information, bank account information, and passwords) or infecting victims' devices with hazardous viruses as soon as they click the link.
Cyber terrorism and cyber extortion- Hacking into someone's computer and encrypting all of the data and files on it, then demanding a ransom to decode it.
Child solicitation and abuse- When a youngster is approached over the internet to be used in the creation of child pornography.
There has been the usage of technology, such as electronic devices (computers, computer networks, or mobile phones) and the internet, in the circumstances stated above (social media, e-commerce websites, fraudulent web pages and e-mails, etc.). Everything linked to computers, computer networks, computer equipment, software, the internet, e-mails, websites, data storage devices, and other electronic devices is referred to as "cyber" (mobile phones, ATM machines, etc.). As a result, a cybercrime is defined as a crime committed with or through the use of a computer, computer network, internet, or any other online service or electronic device.
How to file a Cyber Crime complaint
Complaints about cybercrime can be filed with the cybercrime cells. The victim can file the complaint both online and offline, and he or she can select which method is most convenient for him or her. Because cybercrime falls under the purview of global jurisdiction, the victim does not need to file a complaint with the cybercrime cell in the city where he or she resides or where the crime was committed. Instead, the cybercrime complaint can be filed with any of the cybercrime cells established in India. Cybercrime cells have been formed in several Indian cities to make it easier for people to receive help in the event of an accident or harm caused by a cybercrime perpetrated against them. These cells have also been raising awareness about cybercrime and the steps that may be taken to avoid being a victim. Cybercrime cells keep track of cybercrime reports and conduct investigations.
If the victim does not have access to any of the cybercrime cells, he or she can file a police report under Section 154 of the Code of Criminal Procedure at the local police station. If the cybercrime conducted against the victim is a punishable offence under the Indian Penal Code, the police officer is required to file an FIR. If the police officer refuses to submit the victim's report, the victim can file a formal complaint with the Judicial Magistrate in his or her district, who can then order the police officer to begin an investigation. The materials needed to file a cybercrime FIR vary depending on the type of cybercrime perpetrated against the victim (Social Media Crime, Cyber Bullying, and so on).
How to file a Cyber complaint online
The online portal where a victim can file a cyber-crime complaint is https://cyber crime.gov.in/Accept.aspx, a Government of India initiative that caters to complaints pertaining to online Child Pornography (CP), Child Sexual Abuse Material (CSAM), or sexually explicit content such as Rape/Gang Rape (CP/RGR) content, as well as other cyber-crimes like social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes, The portal also allows users to make an anonymous complaint regarding Child Pornography (CP) or sexually graphic content like Rape/Gang Rape (RGR) content. To report a cyber-crime online, follow the procedures outlined below:
STEP 1: Go to https://cybercrime.gov.in/
STEP 2: Click on 'Report other cyber crimes' on the menu.
STEP 3: Click on 'File a Complaint.
STEP 4: You can either report anonymously if you are a woman or child or click on "Report other Cyber Crimes."
STEP 5: Read the conditions and accept them.
STEP 6: Register your mobile number and fill in your name and State.
STEP 7: Fill in the relevant details about the offence.