CYBER-CRIME AND COMPLAINT PROCEDURES

The purpose of this law blog for this cyber-crime awareness and complaint procedure to prevent cyber-crime. This is due to advance information technology, soaring of internet usage since last two decades as resulted in increasing cyber-crime, online cheating.   It is confusing status for a cyber-victim to understand with all the procedure, which is in accordance to the IT act 2000 and IPC 1860. Thereby, the law blog will assist to protect from any cyber-crime.

CYBER LAW: OFFENCES AND PUNISHMENTS 

Section under IT Act 2000	OFFENCE	PENALTY/ PUNISHMENT
Sec 43	Damage to computer, computer system etc	Compensation not exceeding one crore rupees to the person so affected
Sec 43 A	Body corporate failure to protect data	Compensation not exceeding one crore rupees to the person so affected
Sec 65	Tampering with computer source documents	Imprisonment up to 3 years, or with fine which may extend up to two lakhs rupees, or with both
Sec 66	Hacking with computer systems, Data alternation etc	Imprisonment for term which may extend to three years and shall also be liable to fine up to 3 years, or with fine which may extend to five lakh rupees or with both
Sec 66A	Sending offensive messages through communication service etc	Imprisonment for a term which may extend to three years
Sec 66B	Retains any stolen computer resource or communication devise	Imprisonment for term which may extend to three years and shall also be liable to fine up to 3 years, or with fine which may extend to one lakh rupees or with both
Sec 66C	Fraudulent use of electronic signature	Imprisonment for term which may extend to three years and shall also be liable to fine up to 3 years, or with fine which may extend to one lakh rupees or with both
Sec 66D	Cheats by personating by using computer resource	Imprisonment for term which may extend to three years and shall also be liable to fine up to 3 years, or with fine which may extend to one lakh rupees or with both
Sec 66E	Publishing obscene images	Imprisonment for term which may extend to three years and shall also be liable to fine up to 3 years, or with fine not exceeding two lakh rupees or with both
Sec 66F	Cyber terrorism	Imprison which may extend to imprisonment  for life
Sec 67	Publishes or transmits unwanted materials	Imprisonment for a term which may extend to three years and or with both fine which may extend to five lakhs rupees & in the event of a second or subsequent conviction with imprison of either description for a term which may extend to five years and also with fine which may extend to ten lakhs rupees
Sec 67A	Publishes or transmits unwanted sexually explicit material	Imprisonment for a term which may extend to five years and with fine which may extend to ten lakhs rupees and in the event of second, or subsequent conviction with Imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees
Sec 67B	Abusing children online	Imprisonment for a term which may extend to five years and with fine which may extend to ten lakhs rupees and in the event of second, or subsequent conviction with Imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees
Sec 67C	Preservation of information by intermediary	Imprisonment for a term which may extend three years and shall also be liable to fine
Sec 70	Unauthorized access to protected systems	Imprisonment for a term which may extend three years and shall also be liable to fine
Sec 71	Misrepresentation to the controller or the certifying authority for obtaining license or electronic signature certificate	Imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees, or with both
Sec 72	Breach of confidentiality and privacy	Imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees, or with both
Sec 72A	Disclosure for information in breach of contract	Imprisonment for a term which may extend to 3 years or with fine which may extend to five lakh rupees, or with both
Sec 74 &74	Publishing false digital signature certificates	Imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees, or with both

COMPLAINT PROCESS AND PROCEDURES 

The first impression is best impression. The first step to file a cyber- crime complaint is to register a written complaint with the cyber cell of the city are currently in.  This is with a view to the IT act 2000, a cyber-crime comes under the purview of global jurisdiction.  This 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. At present, most cities in India, have a dedicated cyber-crime cell.  Here are some important numbers and contact details of where you can report a cyber-crime. As a general rule, though, suggest first contact local police station and say them what happened, depending on the severity of the crime, it will be investigated by special cyber-crime investigation cell.

STATE	ADDRESS
Assam	CID HQ,Dy.SP. Assam Police Ph: +91-361-252-618, +91-9435045242 E-mail: ssp_cod@assampolice.com
Bangalore	Cyber Crime Police Station C.O.D Headquarters, Carlton House, # 1, Palace Road, Bangalore – 560 001 +91-80-2220 1026 +91-80-2294 3050 +91-80-2238 7611 (FAX)
Delhi	CBI Cyber Crime Cell: Superintendent of Police, Cyber Crime Investigation Cell Central Bureau of Investigation, 5th Floor, Block No.3, CGO Complex, Lodhi Road, New Delhi – 3 +91-11-4362203, +91-11-4392424 E-Mail: cbiccic@bol.net.in
Pune	Deputy Commissioner of Police(Crime) Office of the Commissioner Office, 2, Sadhu Vaswani Road, Camp,Pune 411001 +91-20-26123346, +91-20-26127277, +91-20-2616 5396 +91-20-2612 8105 (Fax) E-Mail: crimecomp.pune@nic.in, punepolice@vsnl.com
Jharkhand	IG-CID,Organized Crime Rajarani Building,Doranda Ranchi, 834002 Ph: +91-651-2400 737/ 738 E-mail: a.gupta@jharkhandpolice.gov.in
Haryana	Cyber Crime and Technical Investigation Cell, Joint Commisioner of Police Old S.P.Office complex, Civil Lines, Gurgaon E-mail: jtcp.ggn@hry.nic.in
Jammu	SSP,Crime CPO Complex,Panjtirthi, Jammu-180004 Ph: +91-191-257-8901 E-mail: sspcrmjmu-jk@nic.in
Meghalaya	SCRB,Superintendent of Police Meghalaya Ph: +91 98630 64997 E-mail: scrb-meg@nic.in
Bihar	Cyber Crime Investigation Unit ADDL. SP (CYBER CELL), Kotwali Police Station, Patna Ph: +91 8986912829 E-mail: cciu-bih@nic.in
Chennai	Assistant Commissioner of Police Cyber Crime Cell, Central Crime Branch, Commissioner office Campus Vepery, Chennai- 600007 Contact Details: +91-40-2345 2348, 2345 2350
For Rest of Tamil Nadu,	Cyber Crime Cell, CB, CID, Chennai ph: +91 44 2250 2512 E-mail id: cbcyber@tn.nic.in
Hyderabad	Cyber Crime Police Station Crime Investigation Department, 3rd Floor, D.G.P. office, Lakdikapool, Hyderabad – 500004 +91-40-2324 0663, +91-40-2785 2274 +91-40-2785 2040, +91-40-2329 7474 (Fax)
Thane	3rd Floor, Police Commissioner Office Near Court Naka, Thane West, Thane 400601. +91-22-25424444, E-Mail: police@thanepolice.org
Gujarat	DIG, CID, Crime and Railways Fifth Floor, Police Bhavan Sector 18, Gandhinagar 382 018 +91-79-2325 4384, +91-79-2325 0798 +91-79-2325 3917 (Fax)
Madhya Pradesh	IGP, Cyber Cell, Police Radio Headquarters Campus, Bhadadhadaa Road, Bhopal (M.P.) Ph: 0755-2770248, 2779510
Mumbai	Cyber Crime Investigation Cell Office of Commissioner of  Police office, Annex -3 Building, 1st floor, Near Crawford Market,  Mumbai-01. +91-22-22630829, +91-22-22641261 E-mail id: officer@cybercellmumbai.com
Himachal Pradesh	CID Cyber Cell , Superintendent of Police, Cyber Crime, State CID, Himachal Pradesh, Shimla-2 Ph: 0177-2621714 Ext: 191, 0177-2627955 E-mail:cybercrcell-hp@nic.in, Online Complaint
Kerala	Hitech Cell Police Head Quarters Thiruvananthapuram +91-471 272 1547,  +91-471 272 2768 E-mail: hitechcell@keralapolice.gov.in
Orissa	Cyber Crime Police Station, CID, CB, Odisha, Cuttack-753001 Ph. No.0671-2305485 E-mail ID:- sp1cidcb.orpol@nic.in
Punjab	Cyber Crime Police Station DSP Cyber Crime, S.A.S Nagar,Patiala, Punjab Ph: +91 172 2748 100
Uttar Pradesh	Cyber Crime Cell, Agra Range 7,Kutchery Road, Baluganj,Agra-232001 Uttar Pradesh Ph:+91-562-2210551 e-mail: digraga@up.nic.in, cybercrimeag-up@nic.inCyber Crime Cell, Crime Branch, Law Enforcement Agency, Police Line, Agra – 282001

POINTS TO REMEMBER

1. When filing the cyber-crime complaint, need to provide all the contact details, address and attention to the Head of the cyber-crime Cell of every city.
2. In the event of victims of online harassment, a legal counsel can be approached to assist for nearest police satiation.
3. Ensure to register a cyber-crime FIR in local police station, if not so, then approach the commissioner or the city Judicial magistrate.

THE DOCUMENT REQUIRED TO FILE A CYBER-CRIME COMPLAINT: 

FOR EMAIL BASED COMPLAINTS 

1. A written brief about the offence
2. Suspected email as received in original email
3. Forwarded email should be avoided
4. Hard and soft copies of the alleged email
5. Ensure, soft copy providing in a CR-R

FOR SOCIAL MEDIA BASED COMPLAINTS 

1. A copy or screenshot showing the alleged profile/content
2. A screen shot of the URL of the alleged content
3. Hard and soft copies of the alleged content
4. Ensure, soft copy providing in a CR-R

FOR MOBILE APPLICATION BASED COMPLAINTS 

1. A screenshot of alleged app
2. Location from where it was downloaded
3. Victim’s bank statement in case of any misusing transaction.
4. Soft copies of all the aforesaid documents.

FOR BUSINESS EMAIL BASED COMPLAINTS

1. A written brief about the offence
2. Originating name and location
3. Originating bank name and account number
4. Recipient’s name ( as in bank records)
5. Recipient’s bank account number
6. Date and amount of transaction
7. SWIFT number

FOR DATA THEFT COMPLAINTS 

1. A copy of the stolen data
2. Copy right certificate of alleged stolen data
3. Details of suspected employees
4. Proof of breach of copy right data

FOR RANSOMWARE/MALWARE COMPLAINTS 

1. Email address,
2. Phone number

 FOR INTERNET BANKING/ONLINE TRANSACTION/LOTTERY SCAM/FAKE CALL RELATED COMPLAINTS 

1. Bank statement for last 6 month
2. Copy of SMS received to the suspected transaction.
3. Copy of victim ID, address as in bank records.

FOR BITCOIN BASED COMPLAINTS 

1. A written brief about the offence
2. The address of the bitcoin
3. The amount of bitcoin I question
4. The address of from/to whom the purchaser/ sale of the bitcoin have been done

FOR ONLINE CHEATING COMPLAINTS 

1. A print out of alleged email in original standard
2. Victims bank account
3. Details of suspected transaction.
4. Soft copies of all the aforesaid documents.

 

^DISCLAIMER

^{The information provided in this article is for general AWARENESS and information purpose only. However, it should not be rely on this blog, as a basis of for making any business, legal or other decision. Please consult nearest police station or visit the respective state’s government website for any assistance or any clarification with filing of cyber-crime and complaints  procedures.}

Author: K.S.KHAJA MOHIDEEN,
DR AMBEDKAR GLOBAL LAW INSTITUTE/LAW STUDENT