How to file a Cyber Security Case [2020]

Introduction

In the present age of technology cyber crimes are increasing at an alarming rate. In this dark age of the internet, more and more people are getting access to cheap internet and this is increasing online cheating and cyber frauds. The internet has taken the world by storm and no one in today’s world is untouched by the storm of the Internet. This article will give a detailed procedure about how one can file a cybersecurity case in a cybersecurity cell.

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What is Cyber Security Crime Cell?

Cybersecurity cells are nothing but these are opened by the various crime investigating institutes in the different parts of the countries to investigate internet-related crimes such as bank and online frauds, online bullying, and harassment. They work under the guidelines of the Information Technology Act 2000 and are managed and handled by the crime investigation agencies of the country.

They also handle and investigate various computer database-related crimes such as credit card scams, bank frauds, online pornography, and viruses in the computer database. Cybercrimes are not defined anywhere but specifically; cybercrimes are those crimes that come under the garb of the Information Technology Act 2000.

Objective and needs of Cyber Security Crime Cell

There is a paradigm shift in the 21st century as compared to the 20th century. The internet has taken its toll on the common masses in the beginning years of the 21st century. As we are progressing towards a digitalized cybercrimes are also increasing daily and the situation is going berserk. Digital India has its consequences as every coin has two sides. That’s why to control the epidemic of a plethora of cybercrimes in India, cyber crimes cells are constituted and are established in different cities in India especially for reporting cybercrimes. There are so many objectives of cybercrime cell:-

  • Easy redressal of disputes.
  • Speedy justice and solution.
  • Having specially designated jurisdiction especially to deal with cybercrimes.
  • Deals effectively with crimes related to the internet.
  • Proper implementation and imposition of cyber laws.
  • To enable effective prevention, prosecution, and investigation of cybercrimes with high-tech securities and facilities.

Who can file a complaint in a Cyber Security Crime Cell?

Anyone who is a victim of online cybercrime or anyone whose security has been breached or personal data has been stolen by online criminals or hackers can file a complaint under the Information Act, 2000 in cybercrime cell.

One point is important to be noted down that cybercrimes come under the preview of global jurisdiction and complaints can be filed in any cyber cell irrespective of the place where online crime has taken place. In case of some inaccessibility or where any victim is unable to reach the cyber cell, he/she can report an F.I.R. (First Investigation Report) too in the nearest police station having territorial jurisdiction of that place where the person resides.

Women and children are much more vulnerable and soft targets for cybercriminals as compare to men. Cyber harassment, online stalking, cyber pornography, and cyber defamation are some of the cyber crimes which are very common against women.

When a complaint can be filed?

Complain can be filed after the happening or occurrence of cybercrime against any person. F.I.R. related to cybercrime can be filed in any local court by any person. That person should be a citizen of India. Nowadays, in the age of the internet, online or ‘E-F.I.R.’ can also be filed in most of the states. However, this facility is not available in most of the states. In addition to this, the Ministry of Home Affairs is going to launch a separate website where women and children can specifically file for cybercrimes. Many strategies and policies are going to be launched and implemented soon aiming to curb the epidemic of cybercrimes.

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Procedure to file a complaint in a Cyber Security Crime Cell

It is disappointing to lose the hard-earned money that we warn by soaking our blood, sweat, and tears. One does not need to cram rocket science to know the mechanism of registering a cyber complaint. It’s not like an elephant in the room. Everyone should know the general procedure of registering a cybercrime complaint. Prevention is always better than a cure. One cannot wait for the cyber attack to take place. Following steps are required to register a cyber complaint:-

  1. The foremost step is to file a written complaint in the cybercrime cell of the city you are residing in.
  2. While filing the cybercrime complaint one needs to give his full description such as name, contact details, and address in the mail. In the case of the written complaint, make sure it is addressed to the ‘Head of the Cyber Crime Cell’ of the city where you are filing the cyber complaint.
  3. In case if you are a victim of online harassment then legal counsel will personally assist you in filing your complaint to the police station. Depending on the nature, intensity, and gravity of the crime one need to provide certain documents while registering the documents.
  4.  If you are unable to file a complaint in a cybercrime cell or case of inaccessibility, you can file a written F.I.R. to the local police station too. In case, your complaint is not accepted there, you have the right to directly approach the Commissioner of the city’s Judicial Magistrate.
  5. Certain cybercrimes such as online harassment, stalking and child pornography comes under the preview of the Indian Penal Code 1860. F.I.R. regarding these crimes can be filed directly in the local police station.
  6. Most of the cyber crimes come under cognizable offenses in which the warrant is not required for the investigation.
  7. Under Section 154 of the Criminal Procedure Code 1973, it is now mandatory for every police officer to register F.I.R. irrespective of the jurisdiction where the police station falls into or irrespective of the place where the crime has been committed.
  8. Victims can register zero F.I.R. in any police station. Zero F.I.R. provides comfort and solace to victims. Police officers can later forward these F.I.R.s’ to their respective police stations where the offense has taken place.

Registering an online complaint and harassment on social media

Many social media have their clear redressal mechanism where one can report any account or any spam there. One needs to take immediate steps to report an online harasser because only by then social media regulators will be quick to act upon that query or complaint. It is necessary to report an online abusive account at the earliest.

Nowadays, people can file for ‘E-F.I.R.’ too. This will not waste their time in physically going out to a cybersecurity crime cell for filing of the complaint. They just need a proper laptop and a good and convenient internet connection to register an F.I.R. online.

There are several benefits to registering an online complaint. One can file multiple complaints at one time. One does not need to contact the cyber cell or police station physically rather the person can log in to check the status of their complaint. It is not a time-consuming method and it is a very convenient process.

Documents required for filing of the complaint in Cyber Security Cell

  • Server Logs
  • Soft copy of original data and compromised data
  • Details regarding the name of the accused or his email and other details.
  • List of the suspicious persons which victim thinks can be involved in cybercrime.
  • In the case of the social media crime, one needs to give a copy showing the alleged profile, both soft and hard copies of the alleged content.
  • In case of bank frauds, copies bank statements of the concerned bank from the last six months need to be provided, a soft copy of the message received for alleged transactions, a copy of your ID proof that you have submitted to the bank needs to be provided.
  • In case of data thefts complaints, details of the employees, and softcopies of the copyright certificate of the stolen data need to be provided.

Punishment and limitation period for filing of cybercrime complaint in the cybersecurity cell

Most of the cyber crimes offenses are offenses that are defined under the Information Technology Act 2000. The maximum punishment which can be granted to the accused is three years with the provision of a fine.

The limitation period to take cognizance and to file a complaint in a cybersecurity cell is three years from the date of commission of cybercrime.

Do you know?

  • In India in the year 2019, the number of cyber crime victims was 131.2 million.
  • In the past 12 months, 1.24 trillion amounts were lost because of cyber crime in India. This statistics is quite shocking in itself.
  • 81% of Indians are alarmed and are concerned of their online safety and privacy. It is highest in 10 countries, the average being 67%.
  • 4 out of 10 consumers in India have experienced identity theft.

Conclusion

India seems like the hub for cyber crimes with one of the highest number of cybercrimes in the world. We need effective strategies and convenient policies to deal with rampant cyber crimes. Awareness needs to be created among the local masses and people should use social media and the internet with proper safety guidelines and concerns.


References

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