What is Cyber Crime in India & How to File Cyber Crime Complaints?

With the development of multifarious usage of the internet and its related benefits, the concept of cyber crimes has also grown manifold. In India, the legislation that deals with the offenses related to such crimes is the Information Technology Act, 2000, which was further amended to the IT Amendment Act, 2008.

Hacking has become very common these days and cyber crime in India is exponentially rising. Even many government sites have been hacked and are still unsafe today. The more common and frequently reported sorts of cyber-crimes against women include cyberstalking, pornography, morphing, online harassment, defamatory or annoying messages, trolling or bullying, blackmailing, threat or intimidation, email spoofing, and impersonation, etc. Therefore, it is important to understand when and how to report cyber crime and what are preventive measures you can take against it.

Table of Content:

• What is Cyber crime?

• Types of Cyber Crimes in India:

• First Things First:

• Additional Helpline Numbers:

• How to register a Cyber Crime Complaint?

• How to report an FIR for a Cyber Crime?

• How to file a Cyber Crime Complaint online?

• Format of a Cyber Crime Complaint:

• How to file a complaint against Cyber Stalking?

• How to file a complaint about Cyber Bullying?

• What to do if your Cyber Cell refuses to accept your complaint?

• What are the documents required to file a Cyber Crime complaint?

• Cyber crime against Women & Children

• What are the Consequences of Cyber Crime?

• List of Cyber Crime Cells in India

• Frequently Asked Questions

What is Cyber crime?

In simple terms, cyber crimes in India are the wrongful acts or crimes done with the use of technology. There is no specific definition of cyber crime, but when any illegal or criminal activity happens using a computer as the primary means of operation, it's a white-collar crime.

The cyber cell departments are accessible in almost every state, ready to deal with cyber complaints in India.

Since the numbers of reports for cyber crime complaints online or offline have been increasing heavily in India, therefore, cyber cell departments and the cyber police have identified various types of cyber crimes.

Cybercriminals find new and more sophisticated ways to exploit their victims as technology advances rapidly. Cybercrimes encompass a wide range of illegal activities, including phishing, ransomware attacks, identity theft, online money scams, cyberstalking, and cyberbullying. If you find yourself a victim of cybercrime, it is essential to take prompt action and report the incident. Here's what you should do first and how to report a cybercrime:  

Types of Cyber Crimes in India:

As per the cyber law in India, many types of cyber crimes have been identified. Out of which, the prevalent six that one often gets to hear and deal with are as follows:

• Hacking - It is one of the most common types of cyber crime in India. When a person breaks into somebody else’s computer virtually to have access to a person’s personal and sensitive information such as banking details, email accounts, etc. With everything becoming digital, it increases the risk of hacking.
• Cyber Stalking - After hacking, the majority of reported cyber crime online complaints or cyber crime cell complaints relate to cyber-stalking. It is the crime of online harassment over the internet and generally done against women. It is similar to offline stalking just done online.
• Online Theft - When a criminal extorts the money of their victim, access the data of the victim’s personal bank account, credit card, debit card, and other sensitive information over the internet.
• Cyber Bullying - When the internet, mobiles or social networks are used for harassing, defaming, intimidating or harassing a person.
• Cyber Terrorism - When a person is being threatened for extortion or anything else then it is the crime of cyber terrorism.
• Child soliciting and abuse - When a child is solicited over the internet for the purpose of making child pornography.

Phishing, software piracy, and denial of service attack (DOS) are some other types of cyber crime cases in India that you'll find reports about.

First Things First:

If you suspect that your personal information has been compromised, the first step is to block your bank account. Contact your bank immediately and inform them about the situation. They can guide you in securing your account and investigating any unauthorized transactions.

National Cybercrime Reporting Portal (NCRP):

The Indian government has established the National Cybercrime Reporting Portal (NCRP) to facilitate the reporting of cybercrimes, specifically focusing on crimes against women and children. Here's how to use it: Visit the NCRP portal: https://cybercrime.gov.in/ File a complaint: You can file a complaint regarding cyber crimes on this portal. It is crucial to provide accurate and detailed information while filing your complaint.

Helpline Number 1930: If you have fallen victim to financial fraud, call the national cyber crime helpline at 1930. Please provide them with your name, contact information, account number, and details of the account to which you transferred money.

Anonymously report: You can choose to report cybercrimes anonymously on the portal. However, providing comprehensive information     related to the incident or complaint is essential for the authorities to take action.

Register using your mobile number: To report a complaint, you must register on the portal using your mobile number. You will receive a One-Time Password (OTP) for verification.

Tracking your complaint: You can track the status of your complaint once it's filed. You'll receive a confirmation message on the portal, and if you've provided your contact information, you'll obtain an SMS and email with a complaint reference number.

Contact Nearest Police Station: If you cannot file a report online or through the helpline number, visit your nearest police station to register a complaint. The police officials will initiate the necessary actions and may transfer the case to the cybercrime cell for further investigation.  

Additional Helpline Numbers:

• National Police Helpline Number: 112
• National Women Helpline Number: 181
• Toll-Free Police Control Room Number: 100

In the face of evolving cyber threats, it's crucial to stay vigilant and take swift action if you become a victim of cybercrime. Reporting such incidents helps resolve your case and contributes to the overall efforts to combat cybercriminals and protect others from falling prey to similar scams or attacks.

How to register a Cyber Crime Complaint?

The crime investigation team has been establishing many cyber crime cells in different cities of India, taking care of the reports and investigations of the cyber crimes. At present, most cities in India have a dedicated cyber crime cell. You can make a complaint anytime to the cyber police or crime investigation department either offline or online. In order to give punishment for cyber crime, the first & foremost step is to lodge complaints against the crime. You need to file a written complaint with the cyber crime cell of any jurisdiction. In the written complaint, you need to provide your name, contact details, and address for mailing. You need to address the written complaint to the Head of the cyber crime Cell of the city where you are filing the cyber crime complaint.

According to the IT Act, a cyber crime comes under the purview of global jurisdiction which means that a cyber crime complaint can be registered with any of the cyber cells in India, irrespective of the place where it was originally committed or the place where the victim is currently residing/ staying.

How to report an FIR for a Cyber Crime?

If you do not have access to any of the cyber cells in India, you can file a First Information Report (FIR) at the local police station. In case your complaint is not accepted there, you can approach the Commissioner or the city’s Judicial Magistrate.

Certain cyber crime offenses come under the IPC. You can register a cyber crime FIR at the nearest local police station to report them. It is mandatory under Section 154 of CrPC, for every police officer to record the information/complaint of an offense, irrespective of the jurisdiction in which the crime was committed.

How to file a Cyber Crime Complaint online?

The online portal where a victim can file a cyber crime complaint is https://cyber crime.gov.in/Accept.aspx, an initiative of Government of India that caters to complaints pertaining to the online Child Pornography (CP), Child Sexual Abuse Material (CSAM) or sexually explicit content such as Rape/Gang Rape (CP/RGR) content and other cyber crimes such as social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes, and online cyber trafficking. The portal also provides an option of reporting an anonymous complaint about reporting Child Pornography (CP) or sexually explicit content such as Rape/Gang Rape (RGR) content. One can follow below-mentioned steps to report a cyber crime online -

STEP 1: Go to https://cyber crime.gov.in/Accept.aspx

STEP 2: Click on ‘Report other cyber crimes’ 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.

Note: You can also report the offence anonymously.

Format of a Cyber Crime Complaint:

There is no separate format for filing the complaint about cyber crime. You need to write a letter specifying all the details about the crime and file it in the nearest police station/cyber cell. You need to provide a name, mailing address & telephone number along with an application letter addressing the head of a cyber crime investigation cell and related documents as attachment. 

How to file a complaint against Cyber Stalking?

Cyber Stalking is the persistent use of the internet, e-mail, social networks, instant messaging or related digital devices to irritate, badger or threaten people. Prior to the February 2013 amendment, there was no specific law against it, now it falls under the purview of the Criminal Law Amendment Act, 2013.

Under Section 354(d), if any person follows a woman and tries to contact her in order to foster personal interaction despite the woman’s disinclination towards it, then he is committing stalking and can be charged against it. Also, if a person monitors the use by a woman of the internet, email or any other form of electronic communication, he commits the offence of stalking.

Filing a complaint against Cyber Stalking:

• Register a written complaint to your immediate cyber cell in the city.

• File an F.I.R. in the local police station. In case of non-acceptance of your complaint, you can always refer the complaint to the commissioner or judicial magistrate of the city.

• A legal counsel/assistance to help you file a case will be provided to you.

How to file a complaint about Cyber Bullying?

Cyberbullying is the bullying executed through digital devices like computers, laptops, smartphones, and tablets leading to humiliation. It also comprises posting, sending or sharing negative, nasty or false information about another individual for causing humiliation and what is popularly known as character assassination.

• Most social media platforms such as Facebook, WhatsApp, Instagram, Twitter, etc. have clear guidelines with respect to reporting and curbing cyberbullying. Such platforms can help you in having the offensive post removed.

• Further, you can report cyberbullying in India by mailing a complaint to complaint-mwcd@gov.in describing the details.

• You can also lodge a complaint at your nearest cyber cell unit.

What to do if your Cyber Cell refuses to accept your complaint?

If the cyber cell refuses to file or accept your cyber complaint, you can fill a direct representation to the nearest Judicial Magistrate stating the fact that the complaint has not been accepted under any/certain circumstances.

What are the documents required to file a Cyber Crime complaint?

Following  are the documents required to file a Cyber Crime complaint,

For Email Based Complaints:

• A written complaint explaining the complete incidence and offence,

• Copy of the alleged Email taken from the original receiver. Copy of the forwarded email should be avoided.

• Full Header of the alleged Email.

• Copy of email and header should be in both hard & soft forms (in CD-R only).

For Social Media Based Complaints:

• A copy or screenshot of the alleged profile and/or the content or a screenshot of the URL of the alleged content,

• Hard and soft copies of the alleged content (ensure that the soft copy is provided in a CD-R form).

For Mobile App-Based Complaints:

• A screenshot of the alleged app,

• The location from where it was downloaded,

• The victim’s bank statements in case any transactions were made after/before/during the incident,

• Soft copies of all the above-mentioned documents.

For Business Email Based Complaints:

• A written brief about the offense and the incident,

• Originating name (as in the email or offender) and location,

• Originating bank name and account number (as per the email),

• Recipient’s name (as in bank records), bank account number and bank location (not mandatory),

• Date and amount of transaction as done,

• SWIFT number,

• Additional Information (if available) - including “FFC”- For Further Credit; “FAV” – In Favor Of.

For Data Theft Complaints:

• A copy of the stolen data and brief,

• The copyright certificate of the allegedly stolen data,

• Details of the suspected employee/(s),

• The following documents are required in relation to the suspected employee(s):

  • Letter of Appointment,

  • Non-disclosure Agreement,

  • Assigned list of duty and gadgets,

  • List of clients that the suspect handles,

• The proof of breach of your copyright data,

• Devices used by the accused during his/her term of service (only if available) with the company.

For Ransomware/Malware Complaints:

• Email id /phone number (or any details) or any other means of communication through which ransom has been demanded,

• If malware was sent in the attachment of the mail, screenshots of the mail with full header of first receiver be provided.

For Internet Banking/Online Transactions/Lottery Scam/Fake Call Related Complaints:

• Bank statement of the concerned bank for the last six months,

• A copy of the SMS/(s) received related to the suspected transactions,

• Copy of the victim’s ID & address proof as per the bank record.

For Net Banking/ATM Complaints:

• A print out of the alleged emails with its complete header as received by the original receiver (forwarded emails should be avoided),

• Victim’s bank statement,

• Details of the suspected transactions,

• Soft copies of all the aforesaid documents.

For Bitcoin Based Complaints:

• A written brief about the offense,

• The address of the bitcoin,

• The amount of bitcoin in question,

• The address from/to whom the purchase/sale of the bitcoins has been done.

Cyber crime against Women & Children

The rise of cyber crime has resulted in targeting the most vulnerable segment of the society, i.e. women and children. The most common and frequently reported sorts of cyber crimes against the women include cyberstalking, pornography, morphing, online harassment, trolling and bullying, threat and intimidation, and email spoofing. While against the child, the types of cyber crime are the circulation of pedophilic videos/ messages, child pornography, etc. The extent of mischief has degraded to a level where the top searches for a porn site show result in rapes and child pornography. Also, there are some online social games such as Blue Whale which led to the unfortunate deaths of the many innocent teenagers.

The Ministry of Home Affairs introduced the scheme for cyber crime Prevention against Women and Children (CCWC) to handle cyber crimes against women and children effectively in the country with an estimated outlay of Rs. 223.198 crores (approx), for formulating:

• Online cyber crime reporting unit,

• Forensic Unit,

• Capacity building Unit,

• Research and Development Unit and

• Awareness creation Unit.

What are the Consequences of Cyber Crime?

It is really important to know how to report cyber crime as the consequences of cyber crime are borne by the victim.

• Revenue Loss - Cyber Crimedone against the company results in huge revenue losses or income loss to the company especially when the company’s sensitive data and information is compromised.

• Reputation Damage - The reputation of an organization can go haywire when its information is hacked. In most cases, where hacking occurs with bank accounts or credit/debit cards, often customers lose trust in the organization.

• Aftermath of Cyber Terrorism -  Cyber terrorism is one of the most serious cyber crime and thus affects the victims badly, as it affects a significantly large number of people at once. It can weaken countries' economy greatly, thereby stripping them of its resources and making it more vulnerable to military attack. It could affect the economy by loss of money during the downtime which is a part of cyber crime strategy.

• Impact on Society and Government - Since computers have replaced manual work in almost every field and the government is also going digitized, cyber crime has its impact on the government and society as well. One can witness in the case when some young hackers hacked the Maharashtra government’s website. This has become a cost-efficient method of making money for the criminals.

List of Cyber Crime Cells in India

Frequently Asked Questions:

Where can I report cyber crime in India?

You can report a cyber crime by

• filing a complaint in nearest/any Cyber cell,

• lodging an FIR in a police station.

• filing a complaint a thttps://cyber crime.gov.in/Accept.aspx.

How can I complain about cyber crime?

You can complaint about a cyber crime by

• Writing a letter addressing the head of the cyber crime cell you’re making the complaint to. Provide all the necessary details such as a brief of the events of the offence, details of victim and abuser (if available).

• Certain cyber offences are penalized under IPC. Hence, the complaints or FIR can also be filed in your nearest police station. The said police station will take actions for the crimes enlisted under IPC and will forward other complaints to a cyber cell.

• In the case of cognizable offence (where a warrant is not required for arrest), one can also file a ZERO FIR.

How do I report cyber crime online?

You can report a cyber crime at the online portal https://cyber crime.gov.in/Accept.aspx, initiated by the Government of India.

Can I file an FIR online?

Yes, you can file an FIR online. It is mandatory under Section 154, Code of Criminal Procedure, for every police officer to record the information/complaint of an offense, irrespective of the jurisdiction in which the crime was committed.

What are the various categories of cyber crimes?

Following are the three categories of cyber crime:

1. Against People - includes cyber harassment and stalking, distribution of child pornography, credit card fraud, human trafficking, spoofing, identity theft, and online libel or slander.'

2. Against Property - includes DDOS attacks, hacking, virus transmission, cyber and typosquatting, computer vandalism, copyright infringement, and IPR violations.

3. Crimes Against Government - When a cyber crime is committed against the government, it is considered an attack on that nation's sovereignty and may include hacking, accessing confidential information, cyber warfare, cyber terrorism, and pirated software.

What is Cyber-Protection?

Cyber-protection can be defined as the practice of defending computers, servers, mobile devices, electronic systems, networks, and data against such malicious attacks.

What is Cyber Safety?

Practicing safe and responsible use of Information Communication Technology can be termed as cyber safety.

What is the punishment for cyber crime in India?