This is a comprehensive guide about Cyber Crime with information on how to file a complaint and see compensation
What is Cyber crime?
Cybercrime can be described as computer or website crime. In this criminals make use of a computer or a website as an instrument to commit illegal acts, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy.
One example of a cyber crime is the offer of fake job offers and charging a fee from the applicant for that.
Another example is that of selling fake or duplicate goods.
In this crime, criminals set up websites in which the products are offered for sale at steep discounts.
When the buyer pays the money, he either receives no goods or receives goods which are of very inferior quality.
Such cheats should also be reported to the authorities by filing a complaint against them.
Some other examples of cyber crime include internet scammers, fake bank calls, phising etc.
cyber crime helpline number
The National Cyber Crime Reporting Portal, which is run by the Ministry of Home Affairs, is the official avenue for reporting cyber crime complaints.
The cyber crime Helpline Number is 155260 (09:00 AM To 06:00 PM)
There are two options for filing a report on www.cybercrime.gov.in: (i) Report Crime related to Women/ Child and (ii) Report Other Cybercrimes. In case of “Report Crime related to Women/ Child”, the complaint can be registered anonymously.
You can use “Report Other Cybercrimes” option available on the portal to report other cybercrimes such as mobile crimes, online and social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes and online cyber trafficking. You are required to register yourself using your name and valid Indian mobile number. You will receive a One Time Password (OTP) on your mobile number. The OTP remains valid for 30 minutes only. Once successfully register your mobile number on the portal, you will be able to report the complaint by selecting appropriate category and sub- category.
Addresses of Cyber Crime Investigation Cells
The police stations of all major cities have a cyber cell for investigating cyber crimes.
In Mumbai, complaints have to be filed with the Cyber Police Station, Cyber Crime, CID, Mumbai.
Address: Bandra Kurla Complex Rd, Opposite ICICI Bank, Bandra Kurla Complex, Bandra East, Mumbai, Maharashtra 400051
Hours: Open 24 hours
Phone: 022 2650 4008
The addresses of the Cyber Crime Investigation Cells in other cities is as follows:
Cyber Crime Police Station,
CID Annexe Building, Carlton House,
# 1, Palace Road,
Bangalore – 560001.
Telephone: +91- 080- 22942475, +91- 080- 22943050
SIDCO Electronics Complex,
Block No. 3, First Floor,
Guindy Industrial Estate,
Ph: 044 22502526
Central Bureau of Investigation,
Plot No. 5-B, 6th Floor, CGO Complex,
Lodhi Road, New Delhi – 110003
In Charge Cyber Crime Police Station,
Email : email@example.com
ACP Inspector Cyber Crimes
Sub-Inspector Cyber Crimes
IT Cell Special Branch
Ph: 9491 039 167, 9491 039 172
9491 039 088, 040-2785 3413
Cyber Crime Investigation Cell,
Crime Branch, 4th Floor,
Administrative Building No. 1,
Near Udyog Bhavan,
Civil Lines, Nagpur-01.
Tel: +91 – 712 – 2566766
Office of Commissioner of Police
2, Sadhu Vaswani Road,
Camp, Pune – 411001
Phone: +91-20-020-26126296, 26122880, 26208250
Fax: 020 26128105.
E-Mail: firstname.lastname@example.org / email@example.com
Cyber Crime Investigation cell,
Annex III, 1st floor, Office of the Commissioner of Police,
D. N. Road, Mumbai – 400001
Ph: +91-22- 24691233
Web site: http://www.cybercellmumbai.gov.in
E-mail id: firstname.lastname@example.org
Cyber Crime and Technical Investigation Cell,
Old S.P.Office complex, Civil Lines
Website : http://gurgaon.haryanapolice.gov.in
Inspector General of Police
State CYBER POLICE,
3rd Floor, Office of Commissioner of Police,
Khalkar Lane, Court Naka, Thane (W)
Cyber Complaints Redressal Cell,
Nodal Officer Cyber Crime Unit Agra,
Agra Range 7,Kutchery Road,
Ph : 0562-2463343, Fax: 0562-2261000
IIIrd Floor ,Bhawani Bhawan
Alipore, Kolkata – 700 0027
Phone Numbers – 033 2450 6100
Fax Number – 033 2450 6174
DIG, CID, Crime and Railways
Sector 18, Gandhinagar 382 018
+91-79-2325 3917 (Fax)
IG-CID, Organized Crime
Rajarani Building,Doranda Ranchi, 834002
Ph: +91-651-2400 737/ 738
How to file a cyber crime complaint
A cyber crime complaint can either be filed online or offline.
There are two options for filing an online complaint depending on whether you want to report a crime related to Women/ Child or report other Cybercrimes.
In case of “Report Crime related to Women/ Child”, there are two ways of registering your complaint:
• Report Anonymously – You can report crimes related to online Child Pornography/ Rape or Gang Rape (CP/RGR) content anonymously. You do not need to provide any personal information. However, information related to the complaint should be accurate and complete for the police authorities to take necessary action.
• Report and Track – Under this option, fields marked with a red asterisk (*) are mandatory. It is important that the police authorities receive accurate and complete information related to the complaint. Therefore, you should provide required information such as your name, phone number, email address, details of the complaint and necessary information supporting the complaint.
Initially, register yourself using your name and valid Indian mobile number. You will receive a One Time Password (OTP) on your mobile number. The OTP remains valid for 30 minutes only. Once successfully register your mobile number on the portal, you will be able to report the complaint.
You can use “Report Other Cybercrimes” option available on the portal to report other cybercrimes such as mobile crimes, online and social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes and online cyber trafficking. You are required to register yourself using your name and valid Indian mobile number.
You will receive a One Time Password (OTP) on your mobile number. The OTP remains valid for 30 minutes only. Once successfully register your mobile number on the portal, you will be able to report the complaint by selecting appropriate category and sub- category.
How to file complaints about other cybercrimes
In case of other cybercrimes, you can opt for “Report Other Cybercrimes” section. You are required to register yourself using your name and valid Indian mobile number. You will receive a One Time Password (OTP) on your mobile number. The OTP remains valid for 30 minutes only. Once you successfully register your mobile number on the portal, you will be able to report the complaint by selecting appropriate category and sub- category.
Under this section, fields marked with a red asterisk (*) are mandatory. It is important that the police authorities receive accurate and complete information related to the complaint. Therefore, you should provide required information such as your name, phone number, email address, details of the complaint and necessary information supporting the complaint.
Documents/ information considered as evidence for cybercrime complaints
It is important to keep any evidence you may have related to your complaint. Evidence may include:
• Credit card receipt
• Bank statement
• Envelope (if received a letter or item through mail or courier)
• Online money transfer receipt
• Copy of email
• URL of webpage
• Chat transcripts
• Suspect mobile number screenshot
• Any other kind of document
Legal provisions of Information Technology Act, 2000 relating to Cyber crime complaints
Section 66A of the Information Technology Act, 2000 penalizes sending of “offensive messages”.
Section 69 gives authorities the power of “interception or monitoring or decryption of any information through any computer resource”.
There are also penalties for child porn, cyber terrorism and voyeurism.
The Information Technology Act, 2000 provides for the legal framework so that legal sanctity is accorded to all electronic records and other activities carried out by electronic means. The Act states that unless otherwise agreed, an acceptance of contract may be expressed by electronic means of communication and the same shall have legal validity and enforceability.
The highlights of the Information Technology Act, 2000 are as follows:
Chapter-II of the Act specifically stipulates that any subscriber may authenticate an electronic record by affixing his digital signature. It further states that any person can verify an electronic record by use of a public key of the subscriber.
Chapter-III of the Act details about Electronic Governance and provides inter alia amongst others that where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is – rendered or made available in an electronic form; and accessible so as to be usable for a subsequent reference.
The said chapter also details the legal recognition of Digital Signatures.
Chapter-IV of the said Act gives a scheme for Regulation of Certifying Authorities. The Act envisages a Controller of Certifying Authorities who shall perform the function of exercising supervision over the activities of the Certifying Authorities as also laying down standards and conditions governing the Certifying Authorities as also specifying the various forms and content of Digital Signature Certificates. The Act recognizes the need for recognizing foreign Certifying Authorities and it further details the various provisions for the issue of license to issue Digital Signature Certificates.
Chapter-VII of the Act details about the scheme of things relating to Digital Signature Certificates. The duties of subscribers are also enshrined in the said Act.
Chapter-IX of the said Act talks about penalties and adjudication for various offences. The penalties for damage to computer, computer systems etc. has been fixed as damages by way of compensation not exceeding Rs. 1,00,00,000 to affected persons. The Act talks of appointment of any officers not below the rank of a Director to the Government of India or an equivalent officer of state government as an Adjudicating Officer who shall adjudicate whether any person has made a contravention of any of the provisions of the said Act or rules framed there under. The said Adjudicating Officer has been given the powers of a Civil Court.
Chapter-X of the Act talks of the establishment of the Cyber Regulations Appellate Tribunal, which shall be an appellate body where appeals against the orders passed by the Adjudicating Officers, shall be preferred.
Chapter-XI of the Act talks about various offences and the said offences shall be investigated only by a Police Officer not below the rank of the Deputy Superintendent of Police. These offences include tampering with computer source documents, publishing of information, which is obscene in electronic form, and hacking.
The Act also provides for the constitution of the Cyber Regulations Advisory Committee, which shall advice the government as regards any rules, or for any other purpose connected with the said act. The said Act also proposes to amend the Indian Penal Code, 1860, the Indian Evidence Act, 1872, The Bankers’ Books Evidence Act, 1891, The Reserve Bank of India Act, 1934 to make them in tune with the provisions of the IT Act.
List of offences under the Information Technology Act, 2000 and the corresponding penalties:
|65||Tampering with computer source documents||If a person knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force.||Imprisonment up to three years, or/and with fine up to Rs. 200,000|
|66||Hacking with computer system||If a person with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means, commits hack.||Imprisonment up to three years, or/and with fine up to Rs. 500,000|
|66B||Receiving stolen computer or communication device||A person receives or retains a computer resource or communication device which is known to be stolen or the person has reason to believe is stolen.||Imprisonment up to three years, or/and with fine up to Rs. 100,000|
|66C||Using password of another person||A person fraudulently uses the password, digital signature or other unique identification of another person.||Imprisonment up to three years, or/and with fine up to Rs. 100,000|
|66D||Cheating using computer resource||If a person cheats someone using a computur resource or communication.||Imprisonment up to three years, or/and with fine up to Rs. 100,000|
|66E||Publishing private images of others||If a person capturee, transmits or publishes images of a person’s private parts without his/her consent or knowledge.||Imprisonment up to three years, or/and with fine up to Rs. 200,000|
|66F||Acts of cyber terrorism||If a person denies access to an authorised personnel to a computer resource, accesses a protected system or introduces contaminant into a system, which the intention of threatening the unity, integrity, sovereignty or security of India, then he commits cyberterrorism.||Imprisonment up to life.|
|67||Publishing information which is obscene in electronic form.||If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.||Imprisonment up to five years, or/and with fine up to Rs. 1,000,000|
|67A||Publishing images containing sexual acts||If a person publishes or transmits images containing a sexual explicit act or conduct.||Imprisonment up to seven years, or/and with fine up to Rs. 1,000,000|
|67B||Publishing child porn or predating children online||If a person captures, publishes or transmits images of a child in a sexually explicit act or conduct. If a person induces a child into a sexual act. A child is defined as anyone under 18.||Imprisonment up to five years, or/and with fine up to Rs. 1,000,000 on first conviction. Imprisonment up to seven years, or/and with fine up to Rs. 1,000,000 on second conviction.|
|67C||Failure to maintain records||Persons deemed as intermediatary (such as an ISP) must maintain required records for stipulated time. Failure is an offence.||Imprisonment up to three years, or/and with fine.|
|68||Failure/refusal to comply with orders||The Controller may, by order, direct a Certifying Authority or any employee of such Authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this Act, rules or any regulations made thereunder. Any person who fails to comply with any such order shall be guilty of an offence.||Imprisonment up to three years, or/and with fine up to Rs. 200,000|
|69||Failure/refusal to decrypt data||If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or integrity of India, the security of the State, friendly relations with foreign Stales or public order or for preventing incitement to the commission of any cognizable offence, for reasons to be recorded in writing, by order, direct any agency of the Government to intercept any information transmitted through any computer resource. The subscriber or any person incharge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.||Imprisonment up to seven years and possible fine.|
|70||Securing access or attempting to secure access to a protected system||The appropriate Government may, by notification in the Official Gazette, declare that any computer, computer system or computer network to be a protected system.The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence.||Imprisonment up to ten years, or/and with fine.|
|71||Misrepresentation||If anyone makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any license or Digital Signature Certificate.||Imprisonment up to three years, or/and with fine up to Rs. 100,000|