In this era of digitization everything is available on the internet. Now a days people are using internet for their day to day activities from purchasing something online to bank transactions. Internet has made everything very fast and easy. But with this increasing use of internet new problems have emerged, you must have heard about term ‘cyber crime’. Do you know what actually cyber crime is? Any criminal activity which is done by the use of internet and technology is a cyber crime. It includes many things like money frauds, credit card frauds, pornography, online terrorist activities, piracy, violation of copyrights etc. These activities are increasing day by day as people are becoming more dependent on internet. So it becomes important to know, how to deal with the cyber crimes? In this article we will look how to file complaint of cyber crime both online and offline.
Differernt kinds of Cyber Crime
- Data theft : accessing data and use it without permission.
- Phishing : it involves theft of information like PIN, customer ID, Credit/debit card number, CVV through online by sending emails.
- Online money frauds/ Debit card and credit card frauds: It includes money frauds by using internet.
- Virus/ Torjons/ Ransomeware/ Malware attacks: It involves sending virus in computer system and damaging data.
- Hacking : accessing system without the authority of system owner.
- Publishing child sexually abusive material: It includes publishing child pornographic content on internet.
- Harassment/ Sexting: It includes harassing someone through internet, Sending abusive or seductive messages, etc.
- Online sextortion: Threatening someone to publish sexual or nude content on internet.
- Online frauds: it involves like job frauds, fake product frauds etc.
- Selling Drugs, Arms and ammunition online.
How big this problem of cyber crime is?
Rate of cyber crime is increasing day by day due to lack of awareness, lack of attention towards security and various other reasons. From various reports and statistics we can understand how big this problem is. Have a look on the statistical data given below.
According to report of Indian Computer Emergency Response Team(CERT-In), over 53081 cyber security incidents were observed in year 2017[i]. KPMG firm in its report of cyber crimes has mentioned that as per Law Enforcement Authorities (LEAs), ATM card theft are most commonly reported crimes to Cybercrime Security Cell and it is followed by phishing attacks. Also Malware is most common cyber attack[ii]. Report of SOPHOS a security provider has stated that, India is third country after Mexico and France with highest number of cyber attacks.
According to a report of Ministry of Information Technology, India has highest rate of online banking frauds in world. Ministry of State (MoS) for Finance presented a report in loksabha which stated that loss of Rs 168.74 Crore has caused to Banking sector in past three years[iii]. Report published by Experian India mentioned that 1 out of 4 customers is a victim of online fraud[iv]. Data from RTI has revealed that 35,551 credit card and 21,860 debit card frauds have been reported in just two years from 2015 to 2017. Over 25,800 online banking fraud cases reported in year 2017[v].
Apart from virus attacks, data theft, and online banking fraud, the number of cyber crime against woman and child is also increasing in India. The number of cases of harassment of woman through social media has increased in past few years.
Steps to file cyber crime complaint offline
It is very important to file complaint as soon as possible it make easy to take action against criminal. It is very easy to file compliant, here it is if you want to file complaint offline.
- First you have to register a written complaint in cyber crime cell of police station near to you. It can be register in any city where you are that time irrespective of jurisdiction.
Section 80 of Information Technology Act, 2000, empowers police officer and other officer as mentioned in section to investigate, search and arrest suspected person without warrant for offence under this act.
- Give your details like Name, contact number and address for the communication. You have to write this complaint addressing to the head of the cyber crime cell where you are filing compliant.
- If it is not possible to you to file compliant in the cyber cell, you can file FIR of your compliant in any police station, if they refused to file you can go to commissioner or judicial magistrate.
Under Section 154 of Code of Criminal Procedure (CrPC) it is mandatory to record the compliant irrespective of jurisdiction.
Many cyber crimes are offence under IPC so it is easy to file FIR in these cases. For the more information about sections of IPC dealing with various cyber crime refer to table given below at end.
- Also many cyber crime activities are cognizable offence under IPC. So it is not necessary for police to have warrant to investigate or arrest a person. In these cases police are bound to file FIR and send it to the police station having jurisdiction where offence was committed.
- While filing or registering compliant you have to submit document related to your compliant. Different types of document are required while registering compliant according to the type of compliant. List of documents required to submit is given at the end according to type.
How to file cyber crime compliant online?
You can file a complaint even without going to police station through online portal of Ministry of Home Affairs of India. It is more easy to file complaint online through portal than filing compliant in police station as it takes very less time and efforts.
- Go to National Cyber Crime Reporting Portal of Ministry of home affairs.
- Click on tab ‘File a Complaint’. Then accept the terms and conditions and click on ‘Accept’ tab. It will lead you to new page.
- On new page you will get to two options. If your complaint is related to cyber crime against woman or child then choose option ‘Report cyber crime related to women/child’ and click on ‘Report’. In these cases you can also report anonymously.
If your complaint is related other than this then click on ‘Report other cyber crimes’.
- After choosing right option you have to login for website. For login, fill all the information required then enter your mobile number to generate OTP (One Time Password). While choosing State/UT choose option where crime was committed.
- Fill all the details and submit. You will get number by which you can track your complaint.
Documents required during registration
Different types of complaints required different documents as proof for investigation of matter. It is important to know about to required documents while registration of your complaint.
For cyber crimes which are committed through Email
written details about the offence.
Soft copy of Email with the email address in CD-R.
Hard copy with header and original sender email address.
For cyber crime committed through Social Media Networks.
Soft and Hard copy of screen shots of content.
Details of ID of that person.
Details of person if you know.
Soft copy of all proof in CD.
For money frauds, credit card frauds, online money frauds.
Written brief about offence.
Website links or application details.
Bank details of your account as well as to which you have transferred money.
For fake product delivery frauds.
Written complaint in brief.
Website or Application details.
Product delivery receipt.
For Data theft or hacking.
Written brief of offence.
Server details.IP entries.
These are some example of documents required while registering for cyber crime complaint. These documents will help to investigate faster. Police may ask you some other documents according to complaint.
List of cyber crimes and section of different acts and code governing them
OFFENCE WHICH COMES UNDER INFORMATION TECHNOLOGY ACT 2000
|SECTION OF ACT||DEALS WITH|
|SEC 65||Deals with offence of tampering document source with computers.|
|SEC 66||Deals with offence of Hacking computer system and data alteration.|
|SEC 67||Deals with offence related to publishing obscence content.|
|SEC 70||Deals with accessing unauthorized protected system|
|SEC 72||Deals with offence of breach of privacy and confidentiality.|
|SEC 73||Deals with publishing false digit signature certificates.|
OFFENCE WHICH COMES UNDER INDIAN PENAL CODE
|SEC 500||Abuse by email.|
|SEC 420||Web jacking.|
|SEC 463||Email spoofing and forgoing electronic data and records.|
|SEC 383||Cyber frauds and fraud websites.|
|SEC 499||Sending defamatory emails.|
|SEC 503||Threatening by emails.|
|NDPS ACT||Online sale of drugs.|
|ARMS ACT||Online sale of arms.|
Conclusion and Suggestions
In this article we have learned about how to file a cyber crime report both online as well as offline. The rate cyber crime has increased rapidly in these recent years. Government of India has taken many steps to stop these cyber crimes. Government has initiated many programs to curb this problem and have tried to make it simple and easy to report the cyber crime.
Many reports have concluded that many cyber crimes can be prevented by simple preventive steps. Here are some suggestions;
- To prevent cyber crime related to online money frauds and debit/credit card frauds, never share your information related bank and cards to anybody at any cost. Only use reliable and verified websites and application for online transaction. For example websites starting with ‘https://’. Never use public wifi network during transaction.
- To prevent cyber attack from virus, torjons, malware, use antivirus software and prevent use of unauthorized software and websites.
- To prevent yourself from cyber crime which occurred on social media platforms, avoid being connected with unknown persons and profile which looks fake. Avoid submitting email id, mobile number etc. on unreliable websites.
These are some suggestion to prevent yourself from cyber crimes. Apart from these prevention if you get any problem contact police as soon as possible.
“The views of the authors are personal“
[i]See this https://www.thehindubusinessline.com/info-tech/over-53000-cyber-security-incidents-observed-in-2017/article22705876.ece (last visited 09 September 2019).
[ii]KPMG cybercrime report 2017 see https://home.kpmg/in/en/home/insights/2017/12/cybercrime-cybersecurity-law-enforcement-agencies.html(last visited 09 September 2019).
[iii]See this https://www.moneycontrol.com/news/trends/current-affairs-trends/indian-banks-lost-rs-109-75-crore-to-theft-and-online-fraud-in-fy18-2881431.html (last visited 09 September 2019).
[iv]See this https://m.economictimes.com/wealth/spend/1-out-of-4-customers-is-a-victim-of-online-fraud-experian-report/articleshow/64708610.cms (last visited 09 September 2019).
[v]See this https://www.dnaindia.com/mumbai/report-35551-credit-21860-debit-card-frauds-in-2-years-rti-2579323 (last visited 09 September 2019).