As the technology is evolving dynamically with the passage of time it is impacting the lives of people in both senses that is boon and ban, where one side is providing efficient and effective impact and one is the road to crime. Easily accessible things are taking away the peace of people. Cybercrime in a general sense is an unlawful act where a computer or communication device or computer network is used to commit or facilitate the commission of a crime. all the cyber crimes are covered under the Indian penal code and in the category cognizable offenses. henceforth it is not required a warrant to arrest the accused.
Here is the list of cybercrime according to the national cybercrime reporting portal
- Child
pornography/ child sexually abusive material (CSAM)
- Cyber
bullying
- Cyber
stalking
- Cyber
grooming
- Online
job fraud
- Online
sextortion
- Vishing
- Sexting
- Smishing
- Sim
swap scam
- debit/credit
card fraud
- Impersonation
and identity theft
- Phishing
- Spamming
- Ransomware
- virus,
worms & trojans
- Data
breach
- Denial
of services/distributed dos
- Website
defacement
- Cyber-squatting
- Pharming
- Cryptojacking
- Online
drug trafficking
- Espionage
To address and resolve the cyber crime issues criminal investigation departments of various cities open up cyber crime cells in different cities. The information technology act of India has committed it as global jurisdiction.
Step 1: a person can file a complaint under the cybercrime portal online and offline. The cyber cell of India undertakes all the cyber crime on both the platforms online and offline. Each state has its own department handling all complaints. The first step is all about register a complaint to the department. Henceforth any person can file a complaint by calling on the helpline number of the cyber cell.
Step 2: A written complaint is to be filed at the city department by the victim. Although the jurisdiction of the cyber cell is global, it means that a person can lodge a complaint at any place irrespective of the fact where he/she lives.
Step 3: Information/ documents which are required by the victim while filing a complaint are given after the steps.
Basic information like as:
- Name
of the victim/ complainant name
- Contact
details of the person
- Address for mailing purposes
- The hard copy of the complaint should be submitted to the head of the department.
Step 4: In the case of a place where there is no department handling cyber cell victims can file a complaint to the nearby police station by filing a first information report under the provision of section 154 of the code of criminal procedure. If the police for any reason does not accept the complaint then the victim can file his/her report to the judicial magistrate or to the commissioner.
Documents required to lodge a cyber complaint either online or offline
- In case of email-related complaints are a written complaint explaining the complete incident, copy of the alleged email, email should be taken by the original receiver, a full header of the alleged email, copy of the email, and header should be in both hard & soft copy.
- In the case of social media-related complaints -copy/screenshot of alleged content/profile, screenshot copy of URL of alleged content, content should be both hard & soft copy, the soft copy should be given in CD-R only.
- In the case of mobile-related complaints -Screenshot of the malicious app and the location from where it is downloaded, bank statement of the victim’s account in case of any transaction made, soft copy of all mentioned documents.
- In case of business email compromise complaints: Brief description of the incident, and consider providing the following financial information; originating name, originating location, originating bank name, originating bank account number, recipient name, recipient bank name, recipient bank account number, recipient bank location( if available), Intermediary bank name (if available). SWIFT number, date, amount of transaction, additional information ( if available) - Including “FFC”- for further credit, “FAV”- In favor of
- In case of data theft complaints: Copy of data which has been stolen, copyright certificate for the data in question, details of suspected employees who took the data from the company, following documents related to the suspected employee; appointment letter, non-disclosure agreement if any, list of duty assigned, list of gadgets assigned, list of the client with whom the suspect is in touch, proof of selling off your copyright data to any client.
- In the case of ransomware complaint: Email ID/ phone number or any other means of communication through which ransom has been demanded, if malware was sent in the attachment of the mail, the screenshot of the mail with full header of the first receiver should be provided.
- In the case of NET banking/ ATM complaints: Bank statement from the concerned bank of the last six months, copy of SMSs received related to the alleged transactions, copy of your ID proof and address proof as shown in bank records.
- In case of fake call frauds: Bank statements of the last 6 months, make a copy of SMSs received related to the alleged transaction, copy of your ID proof and address proof in the bank records.
- In case of lottery scams complaints: Bank statements of the last six months, make a copy of SMSs received related to the alleged transaction, copy of your ID proof and address proof in the bank records.
- In the case of a bitcoin-related complaint: Complete facts in brief about the incident, address of bitcoin, amount of bitcoin involved, address from/to whom purchase/sale of bitcoin is done.
- In case of cheating related complaints: Print out of the alleged email along with its full header of the email, email should be taken by the original receiver. bank statement of the victim’s accounts, soft copy of all mentioned documents.
- In the case of online transactions related complaints: Bank statements of the last six months, make a copy of SMSs received from the transaction, copy of your ID proof and address proof as shown in the bank records.
About the Author: This post is prepared by Mr. Agam Verma, law student at School of Law, Jagannath Institute of Management & Technology and was an intern at MyLawman. He can be reached at agamverma25@gmail.com.
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