Filing Cyber crime complaint online in India has become easy in India, we will further discuss it in details. Cyber crime can be defined as a crime or an unlawful act where the computer is used either as a tool, a target or both. In other terms, cyber crimes can be defined as an unauthorized access to some computer system without the permission of rightful owner or place of criminal activity and include everything from online cracking to denial of service attacks. Some examples of cybercrime include phishing, spoofing, DoS (Denial of Service) attack, credit card fraud, online transaction fraud, cyber defamation, child pornography, etc.
This article intends to help the victim or potential victim to minimize possible harm by the activities of the accused and how to file Cybercrime complaint online in India. First of all, there is a special law, IT Act (Informational Technology Act 2000) that covers the definition and punishment for cybercrime. The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce.
People commit an offense under cybercrime for many reasons, and Indian police are not competent enough to curb these crimes, however, the Indian government has taken key measures to address serious cybercrimes recently, setting up separate special cyber cell police. Cybercriminal are trained and educated professional who commit crime for economic theft, such as ATM theft, Credit Card Fraud, hacking diplomatic accounts for cross country rivalry, and on the other side, people who are not trained but having limited access to the victim bank or email account, hack the account of the victim in order to blackmail them or to take revenge. Not all crimes that seem cybercrime at its face values are an offense under the Information Technology act. for Example, if husband shares his OTP (One Time Password) during internet banking transaction with his wife, and then amount get deposited to the account of wife, it is not a crime, but a consensual transaction. This is the loophole that cybercriminal also uses, they give an attractive proposal to the victim, and then obtain OTP from the victim and initiate a fraudulent transaction. In this event, banks withdraw from their responsibility, and police lack sufficient knowledge to initiate actions in this regards. Sometimes disputed amount is too low that, police find no motivation to act accordingly low. The victim has no idea how to use technology and assistance to recover his losses or book accused and send him to prison and prosecute him.
www.ChintalessNagrik.com provides the following tips to the victim as soon as they realize cybercrime has happened to them;
- Do not make any changes or alter the crime scene, or for example, if someone tried to hack your email or send you suspicious email, do not delete it, do not change it all. keep it as it is in original condition.
- If possible create separate email ID, Account, and change password for the previous compromised email account.
- Take screenshot, and photos and video with mobile of compromised email or online accounting.
- Make a list, what is compromised.
- List the possible accused name and why do you think they might have done it? what would they gain through this act?
- Write down email ID of a person who is the sender and your email ID with the time and date it is received.
- Email Header is important to track the IP of the accused, during the police investigation, hence do not temper with an original email sent to you, from accused.
Steps to Be Taken to File Cyber Crime Complaint with Police
- Write down the time, date of email you have received email or your email was hacked, or other cybercrime committed by the accused with you.
- Keep the complaint short, focused and mention facts.
- Send Complaint to the Commissioner of PoliSuperintendentendent of Police in your city, giving head “Cyber Crime Cell” by post.
- You can send the complaint by Post or private courier, retain tracking receipt.
- Wait for 10 days for police call for a statement, if you receive no response, write an RTI and ask the status of your complaint. You should receive a reply of RTI in maximum 30 days. Post to that, you are entitled to receive free information and financial compensation.
- Refrain from filing a complaint at multiple stages, as you should get work done through the police department who is competent to take actions in your case, however, when they fail to do so, RTI is the most effective tool. Thereafter, you can file a complaint with a superior police officer or complaint with the vigilant department, for non-action on your complaint.
- If your complaint pertains to pornography, blackmailing, something very personal or defamatory, you are advised to get assistance from NGO: www.ChintalessNagrik.com. You can also hide your identity, and file complaint globally online.
- Police once initiate an investigation in your complaint, they will call you for your statement and then cyber expert may inspect your computer, mobile or laptop or even server to find the compromised source and track accused, to book him under IT Act and Indian Penal Code, as applicable.
List of offenses and the corresponding penalties: (Refer IT Act, for accurate and detailed information) (Source: Wikipedia.org)
|65||Tampering with computer source documents||If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.||Imprisonment up to three years, or/and with fine up to ₹200,000|
|66||Hacking with computer system||If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.||Imprisonment up to three years, or/and with fine up to ₹500,000|
|66B||Receiving stolen computer or communication device||A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen.||Imprisonment up to three years, or/and with fine up to ₹100,000|
|66C||Using the password of another person||A person fraudulently uses the password, digital signature or other unique identification of another person.||Imprisonment up to three years, or/and with fine up to ₹100,000|
|66D||Cheating using computer resource||If a person cheats someone using a computer resource or communication.||Imprisonment up to three years, or/and with fine up to ₹100,000|
|66E||Publishing private images of others||If a person captures, transmits or publishes images of a person’s private parts without his/her consent or knowledge.||Imprisonment up to three years, or/and with fine up to ₹200,000|
|66F||Acts of cyberterrorism||If a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminant into a system, with the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism.||Imprisonment up to life.|
|67||Publishing information which is obscene in electronic form.||If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.||Imprisonment up to five years, or/and with fine up to ₹1,000,000|
|67A||Publishing images containing sexual acts||If a person publishes or transmits images containing a sexual explicit act or conduct.||Imprisonment up to seven years, or/and with fine up to ₹1,000,000|
|67B||Publishing child porn or predating children online||If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child is defined as anyone under 18.||Imprisonment up to five years, or/and with fine up to ₹1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to ₹1,000,000 on second conviction.|
|67C||Failure to maintain records||Persons deemed as an intermediary (such as an ISP) must maintain required records for a stipulated time. Failure is an offence.||Imprisonment up to three years, or/and with fine.|
|68||Failure/refusal to comply with orders||The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. Any person who fails to comply with any such order shall be guilty of an offence.||Imprisonment up to three years, or/and with fine up to ₹200,000|
|69||Failure/refusal to decrypt data||If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.||Imprisonment up to seven years and possible fine.|
|70||Securing access or attempting to secure access to a protected system||The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system.The appropriate Government may, by order in writing, authorize the persons who are authorized to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offense.||Imprisonment up to ten years, or/and with a fine.|
|71||Misrepresentation||If anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate.||Imprisonment up to three years, or/and with fine up to ₹100,000|
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