How to file a Cyber Crime Complaint in India?

In India, each and every minute, one person becomes an internet user. Its convergence with digitally supported platforms and gadgets, safeguarding the parents as well as students from the cybercrimes is becoming a challenging task.

In addition to, the pinching reality is that internet users are not getting updated on the vulnerable cyber threats and security issues, at the pace they are getting updated with the usage of internet-enabled tools and apps. Thus the current research paper focuses on finding out the answers to alarming questions – “Are the citizens really aware that they are vulnerable to various Cybercrimes?”; “If they are aware, to what extent?”, “If not aware of cybercrimes, what measures can be adopted to make the citizens more aware and updated. The paper suggested a conceptual model explaining how to uphold and implement the awareness programmers among internet users regarding cybercrimes.

Cyber Crimes includes:

• E mail-bombing
• Hacking
• Spreading computer virus
• Phishing
• Identity theft
• Internet fraud
• Malicious Software
• Cyberwarfare
• Domain hijacking
• SMS Spoofing

The IT Act (Information Technology), 2000 of India states clearly that when cybercrime has been committed, it has a global jurisdiction and hence a complaint can be filed at any cyber cells and by online portal any individual can file the complaint.

FILING A CYBERCRIME'S WRITTEN COMPLAINT

The foremost process is to lodge the complaint against the person who has committed the wrong or to unknown if we don’t know the person.

Step 1. A written Complaint with the cybercrime cell of the city you are currently in. (Cybercrime complaint has a positive note too that it can be lodged at anywhere in India, irrespective the place where it was committed)

Step 2. The person who is complainant has to provide name, mailing address & telephone number. The complaint to be written to the Head of the Cyber Crime Cell at acp.cybercell@delhipolice.gov.in

Here is the sample which will help you to understand it more easily:

*** (1) SANDIP MISHRA

D / 11, Meghana Society,

Behind Tulsidham Apartments,

Manjalpur,

Vadodara – 390011

MOB.: 93274 62711

DATE: 28/12/2018

To,

The Police commissioner,

Delhi.

SUB: COMPLAINT ABOUT FRAUDULENT LOAN OFFER AND CYBERCRIME.

Respected Sir/Madam,

I, the undersigned is the Proprietor of SAKSHI INFOTECH, VADODARA, GUJARAT and involved in computer Hardware Business for the last more than 20 years.

On this 6th Dec 2018, I had received a call from 7451007825 stating that they were calling from the marketing dept. of BAJAJ FINSERV offering a Personal Loan of Rs. 5 Lacs @ 5 % per Anum. It was a very lucrative offer I was constrained to step in to accept the offer. Then from different numbers like 08505935166,08505935172, 8755427546 I had received calls and they had succeeded to convince me that the part and parcel of the loan process. I need to take insurance in advance for that Rs. 50,000/- I had transferred fund online by IMPS to their mentioned account in continuation of that on 7th Dec 2018 through NEFT I had transferred Rs.28,600/- so in Total I had transferred Rs.78,600/- to their mentioned account RBL BANK, CHANDNI CHAWK BRANCH, DELHI Current A/c No. : 309006118888 in the Beneficiary name of BAJAJ FINSERV through my business account overdraft A/c. No.06575118116, COSMOS BANK, KOTHI POLE BRANCH, VADODARA GUJARAT IFSC CODE: COS0B0000065

NAME: SAKSHI INFOTECH, VADODARA

Actually, it was a fraud with me as the above-mentioned beneficiary name BAJAJ FINSERV didn’t match account no. which was given by them. So, it was not supposed to be transferred as name and account No. was mismatched.

When I enquired about this transaction to RBL BANK, CHANDNI CHAWK BRANCH, DELHI. Bank Officers told me that the amount has been transferred and withdrawn by the account holder. But I was surprised to know the above-mentioned account No. was not Current account but it was Savings account in the name ROHIT TIWARI. So how this transaction was accepted and succeeded by RBL BANK’s System. So, we have doubt Bank Officers are also involved in this fraud. Mobile No. of ROHIT TIWARI is 72899 15100.

Since I had contacted Vadodara Local Police cybercrime and they suggested me to register a complaint to you.

So I am a middle-class person I cannot afford to lose such a huge amount. So, it is a humble request to you take the necessary action against the above-mentioned people and help me to recover my Rs.78,600/-. The transaction details and emails received from ROHIT TIWARI I enclosed herewith.

Thanking you……….

YOURS SINCERELY

SANDIP JOSHI***

Process of lodging complaint via online portal i.e. (www.cybercrime.gov.in)

Step 1. Type the URL www.cybercrime.gov.in

Step 2. Select report other cybercrime.

Step 3. Click on “File a complaint”

Step 4. You will need to register yourself using your mobile number and then you will get an OTP for verification

Step 5. From that portal, the complainant can choose “Category of Complaint” from the dropdown menu and after that, you have to choose “subcategory of crime”.

Step 6. Fill the following details :

• Select approximate “ Date and Time” of the incident.
• Select the “where did the incident occur”?
• Enter email id
• Upload evidence if any
• Provide any other additional information
• Click on SAVE AND NEXT to proceed.

Step 7. Select the suspect details if known.

Step 8. Click on “Complainant Details” to submit the details of the complainant. (like gender, DOB, father and mother names, email and any id proof issued by the government )

Step 9. Click on the “Preview & Submit” tab to see all the details provided by the complainant and here he/she can edit it also and after that submit it. Here you can download the complaint in the pdf format for future reference.

[The author, Ayush Chaurasia is a 2nd Year law student at Shambhunath Institute of Law, Uttar Pradesh]

1. Sandip Joshi, How to Register Cyber Crime complaint with the cyber cell of police- Online Complaint Procedure, IPLEADERS (Jan. 04, 2019, 03:36 PM), https://blog.ipleaders.in/how-to-register-cyber-crime-complaint-with-cyber-cell-of-police-online-complaint-procedure/.