HOW TO FILE ONLINE CYBER COMPLAINT
HOW TO FILE ONLINE CYBER COMPLAINT
Author : PRACHETA SHUKLA (University of Lucknow)
INTRODUCTION
Cyber crime is an emerging threat with the increase in the internet usage over the last decade. The process to register a cyber crime FIR can be a bit daunting for some victims of cyber crimes. In the present times of Covid pandemic, the world is going online and it is essential for people to know about the online alternative of the traditional offline filing of complaints. This blog analyses the scale of cyber offences in India and the online cyber crime reporting portal by Indian Government. It discusses the steps and details required to file an online complaint and aims to make people aware about the options available to them in case of encountering a cybercrime.
DIGITAL INDIA AND CYBER CRIME
India is the second largest online market in the world, with over 550 million internet users. In 2020, the internet penetration rate in the country stood at around 50 percent i.e., around half of the 1.37 billion Indians had access to internet that year. In comparison with 27 percent internet penetration rate five years ago there has been a consistent increase in internet accessibility.
With the world becoming a global village in the wake of digitization, in addition to affordable smartphones and data plans, millions of individuals are creating their online presence. While greater connectivity via the internet promises progress on a large scale, it also leaves our digital societies vulnerable to emerging threats.
India is one of the top five cybercrime targets in the world. The nature of crimes ranges from petty online frauds to lottery scams and sexual harassment. In 2018 alone, India recorded over two thousand cases of cyber crimes related to sexual harassment and cyber bullying against women and minors. At present, cybercrime in India has surged amidst the country’s unprecedented coronavirus lockdown. Attacks have soared as far as 86% between months of March and April.
COMBATING CYBER CRIME & RELATED STATUTES
In India, the offenses related to such crimes are within the ambit of the Information Technology Act, 2000, which was further amended by the IT Amendment Act, 2008. According to the IT Act, a cyber crime complaint can be registered with any of the cyber cells in India, irrespective of the place where it was committed or the current residence of the victim. A complaint can be filed to the cyber police or crime investigation department either online or offline. At present, most cities of India have a cyber cell.
If any of the cyber cells in India are not accessible, then a First Information Report (FIR) can be filed at the nearest local police station. Under Section 154 of Cr.P.C., it is mandatory for every police officer to record the information of an offense, irrespective of the jurisdiction in which the crime was committed. One can also approach the Commissioner or the city’s Judicial Magistrate, in case the FIR is not accepted at police station.
NATIONAL CYBER CRIME REPORTING PORTAL
The Government of India has launched NATIONAL CYBER CRIME REPORTING PORTAL, an initiative to battle the threat of soaring cybercrime and to make the process of filing cyber complaints easier. The portal caters to complaints pertaining to the crimes against women and children and other cyber crimes such as social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes. There are two options provided to the complainant in the portal – Report Anonymous and Report and Track for offences pertaining to the women and children and Report other crimes for other cyber crimes mentioned above.
The portal provides the cover of anonymity to the reporters of certain offences against women and children, such as – Child Pornography (CP) or Child Sexually Abusive Material (CSAM) or Rape/Gang Rape (RGR) Sexually Abusive Content, or Publishing/Transmitting of Sexually Explicit/obscene content in electronic form. In anonymous complaints, no personal information of complainant is required, but the information about the incident should be complete for authorities to take appropriate action. However, in case of an anonymous report, the selected location should be the location of victim where the incident happened. But if the complaint is against a website hosting CP/CSAM/RGR content, the complainant can choose their location.
In case of opting of Report and Track option, it is very important that the police authorities receive complete information related to the complaint. Therefore, key information such as the name, phone number, email address, details of the incident/ complaint and necessary information supporting the complaint, etc. are required. After the filing of the complaint, the complainant will receive an acknowledgement number. It can be used to track the progress of the complaint by logging on the portal and clicking on “check status” option.
STEPS TO FILE AN ONLINE CYBER COMPLAINT –
STEP 1: Go to https://cybercrime.gov.in/Accept.aspx
STEP 2: Click on ‘Report other cyber crimes’ or opt under ‘report women/ child related crime’ on the menu.
STEP 3: Click on ‘File a Complaint’
STEP 4: Read the conditions and accept them
STEP 5: Register your mobile number and fill in your name and State
STEP 6: Fill in the relevant details about the offence.
A complaint filed under REPORT WOMEN/ CHILD RELATED CRIME section cannot be withdrawn, but Complaint filed under REPORT OTHER CYBER CRIME section can be withdrawn before it’s conversion into FIR. If the complainant provided false information in the report, he/she shall be liable to penal action as per the Indian Penal Code.
While filing the complaint, it is important to keep any evidence, which is related to the complaint. Evidence may include Credit card receipt, Bank statement, Envelope (if received a letter or item through mail or courier), Brochure/Pamphlet, online money transfer receipt, Copy of email, URL of webpage, Chat transcripts, mobile number screenshot of the suspect, Videos, Images, or Any other kind of document.
Apart from this portal, most of the social media website like Facebook, YouTube, Twitter etc. have the option of reporting or flagging the objectionable contents. As per their content policy, the social media platforms may take appropriate action based on the contents reported to them.
