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Complaint Procedure: Steps To File An Offline Complaint

The document outlines the steps to file a complaint for cybercrimes in India. It discusses filing complaints offline by registering a written complaint with the local cyber crime cell. It also describes how to file complaints online through the National Cyber Crime Reporting Portal. The portal allows anonymous or tracked reporting of women/child related crimes and other cybercrimes. Specific documentation requirements are provided for different types of cybercrimes to support the complaint.

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ShubhamSudhirSrivastava
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181 views

Complaint Procedure: Steps To File An Offline Complaint

The document outlines the steps to file a complaint for cybercrimes in India. It discusses filing complaints offline by registering a written complaint with the local cyber crime cell. It also describes how to file complaints online through the National Cyber Crime Reporting Portal. The portal allows anonymous or tracked reporting of women/child related crimes and other cybercrimes. Specific documentation requirements are provided for different types of cybercrimes to support the complaint.

Uploaded by

ShubhamSudhirSrivastava
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COMPLAINT PROCEDURE

As already discussed in the previous modules that increase in the usage of


computers and internet these days has increased the number of cases of
cybercrime. Women and youngsters are found to be most gullible within
the online world with cyber crimes against women and
youngsters witnessing a pointy rise over the last few years. Women are
often subjected to cyber crimes like cyber-harassment, cyber-stalking,
cyber-pornography, cyber defamation and far more. Children also are soft
targets for cyber criminals as most of the teenagers manage their online
presence without adult guidance.

The biggest problem of the cyber-space is the anonymous identity of the user
and this creates problem in catch the activity of the cyber criminal. To
regulate the activity in cyber-space The Information Technology Act,
2000 was enforced which was later amended in the year 2008.

To tackle this situation cyber cells have been established by the crime
investigation team. Most of the cities in India have a dedicated cyber cell,
at present. One can make a complaint to the cyber police or cyber
investigation department anytime either online or offline. The IT Act says
that a cybercrime comes under the purview of global jurisdiction, which
suggests that a complaint of cybercrime can be registered with any cyber
cell in India, regardless of the place where it had been committed or
where the victim resides. In this module we will discuss the steps to file a
complaint for cybercrime.

Steps to file an offline complaint

One can file the complaint in cyber cell of any jurisdiction:


Step1. The very first step is to register written complaint with the cyber cell.

Step2. The complaint is to be written to the “Head of Cyber Crime Cell” of


the city where the complaint is being filed. Further, the complainant is
supposed to give following information:

i. Name
ii. Contact details
iii. Mail address

Step3. The complainant has to attach or annex some documents to support


the complaint. Different documents are supposed to be attached for
different cybercrimes:

Hacking

 Server logs
 Both soft copy and hard copy of defaced web page, in case the website of
the victim has been defaced.
 A soft copy of original data and the compromised data to know if the data
has been hacked on victim’s computer, server or any other equipment.
 Name of the accused/person, who had accessed the victim’s computer
system or his email for accessing the victim’s computer or email. 
 The list of people who the victim finds to be suspicious.

Offending Email related issues:

 Header of the suspected email.


 A written brief about the offense.
 A copy of the offending email as received by the original receiver
(forwarded emails should be avoided).
 Hard and soft copies of the alleged email.
 A soft copy in a CD-R.

Social Media:

 A copy or screenshot showing the alleged profile or content or a


screenshot of the URL of the alleged content.
 Hard and soft copies of the alleged content
 A soft copy in a CD-R.

Mobile Application:

 A screenshot and location of the alleged application from where it was


downloaded.
 The bank statements of the victim in case any transactions were done
after the incident.
 Soft copy of the above mentioned documents.

Net Banking or ATM:

 Copy of the bank statement of last 6 months from the concerned bank.
 Copy of the SMSs received regarding the transaction.
 Copy of the address and ID proof as shown in the bank records.

For Business Email Complaint:

 A written brief about the offense


 Name (as in the email) and location of the origin
 Originating bank name and account number
 Recipient’s name (as in bank records)
 Recipient’s bank account number and location (not mandatory)
 Date and amount of transaction
 SWIFT number

Data Theft:

 A copy and copyright certificate of the 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
 List of clients that the suspect handles
 The proof of breach of the copyright data
 Devices used by the accused during his/her term of service (if available)

Ransomware/Malware:

 The email ID, phone number (or any other) of any other means of
communication through which the ransom was demanded.
 Screenshots of the email and the complete header of the first receiver, if
the malware was sent as an email attachment.

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 have been
done
Online Cheating:

 A print out of the alleged email and the complete header as received by
the victim (forwarded emails should be avoided).
 Bank statement of the victim.
 Details of the suspected transactions.
 Soft copies of all the above mentioned documents.

If cyber cell refuses to take the complaint, then the complainant can directly
approach the nearest judicial magistrate stating the fact that the complaint
has not been accepted because of certain/any reason.

Report a FIR for Cybercrime

If one does not have access to any cyber cell, they can register a First
Information Report (FIR) in a local police station. Section 154 of CrPC
makes it mandatory for every police officer to record the information or
complaint of an offense, irrespective of the jurisdiction in which the
crime was committed. Certain cyber offences are recognised under IPC
and most of them are classified as cognizable offences. Therefore, one
can report a cybercrime in any nearby police station. In such cases police
officer is bound to register a Zero FIR which must then be forwarded to
the police station under the jurisdiction of the place where the offense
was committed.

Online reporting of cybercrime

National Cyber Crime Reporting Portal is an initiative taken by the


Government. The victim can report a cybercrime online on cyber crime
portal. It is more useful for the victims of those places where there is no
access of cyber cell.
Two types of cybercrime can be reported:

1. Crime related to women/child: Complaints for online child pornography


(CP), child sexual abuse material (CSAM) or sexually explicit content
such as rape/gang rape (CP/RGR) content can be reported.
2. Other cybercrimes: Complaints for mobile crimes, online and social
media crimes, online financial frauds, ransomware, hacking, crypto
currency crimes and online cyber trafficking can be reported.

-How to make an online complaint of women/child related crime?

The complaint can be registered in two ways:

1. Report Anonymously: Here the personal information will not be revealed.


However, the details related to the complaint are needed to be accurate
and complete for the police authorities to take necessary steps.
2. Report and track: Under this, fields marked with the red asterisk (*) are
mandatory to fill. One has to provide his name, contact number, email
address, details of complaint and other necessary details supporting the
complaint.

Steps to be followed to report anonymously:

One has to:

Step1. Go to https://cybercrime.gov.in/Accept.aspx

Step2. Click on “Report women/child related crime”.

Step3. Then click on “Report Anonymously”.

Step4. Then click on “File a complaint”.


Step5. Then after reading the condition click on “I accept”.

Step6. After that fill all the details related to the cybercrime and submit.

Steps to be followed for report and track:

One has to:

Step1. Go to https://cybercrime.gov.in/Accept.aspx
Step2. Click on “Report women/child related crime”.

Step3. Then click on “Report and Track”.

Step4. Then click on “File a complaint”.

Step5. Then after reading the condition click on “I accept”.

Srep6. Register his/her state, name and mobile number.

Step7. Fill in all the required details.


-Steps to file other cyber crime:

One has to follow the same steps as followed in for report and track.

-One needs to collate following information to report a crime:

a. URL of webpage.
b. Copy of email, chat transcripts or suspect mobile number screenshot.
c. Envelope (if received a letter or item through mail or courier),
Brochure/Pamphlet.
d. Credit card receipt, bank statement or online money transfer receipt.
e. Videos or images.
f. Any other kind of document.

Providing false information could make the complainant liable under the
IPC.

Conclusion

The complaint procedure in every cybercrime is same the only difference is


the details of the crime which is committed and the documents that are
annexed are according to that committed crime.

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