PROCEDURE TO LODGE A CYBER CRIME COMPLAINT (ONLINE AND OFFLINE)

 

The victim or the complainant can report cyber crime complaints online in National Cyber Crime reporting portal. This portal is an initiative of Government of India to facilitate victims or complainants to report cyber crime online. This portal caters to complaints pertaining to cyber crimes only with special focus on cyber crimes against women and children. Complaints reported on this portal are dealt by law enforcement agencies/ police based on the information available in the complaints. It is imperative to provide correct and accurate details while filing complaint for prompt action. At present this portal caters to complaints pertaining to online child pornography (CP), child sexual abuse material (CSAM) or sexually explicit content such as rape/ gang rape (CP/ RGR) content. Victims or complainants should contact local police in case of an emergency or for reporting crimes other than cyber crimes.

·       National police helpline is 112.

·       National women helpline is 181.

·       Cyber crime helpline is 1930.

 Follow the below given steps to lodge a complaint online

·       Open the National Cyber Crime reporting portal

https://cybercrime.gov.in/ Go through this link to open the portal.

·        Click on file a complaint

·        Click on “I accept”

·     Choose one from “Report Cyber Crime related to women/ child” and “Report Cyber Crime” based on the complaint you want to lodge.

 

Follow the below steps to lodge a complaint offline

·     The victim /complainant should write a complaint narrating the whole incident and brief history should be mentioned.

·       It should be registered in any cyber crime cell across India.

·       If there is no cyber crime cell, then an FIR can be registered at the local police station.

·    If they do not accept the complaint, the commissioner or the Judicial Magistrate of the city should be approached.

What kind of information to provide if the victim opt for “Report Cyber Crime”?

If the victim/ complainant opt for “Report Cyber Crime”, in case of anonymous the victim/ complainant does not need to provide any personal information. However information related to the incident/ complaint like approximate date and time of the incident, receiving/ viewing of content, state, district, police station, where the incident occurred and any other additional information about the incident.

In case the victim/ complainant opt for “Report and Track”- information fields with red asterisk (*) are mandatory. It is very important that the police authorities receive complete information related to the complaint. Therefore, you will need to provide key information such as your name, phone number, email address, details of the incident/ complaint and necessary information supporting the complaint, etc. The victim/ complainant should first register themselves using their mobile number. They’ll then receive an OTP that will be used to verify their phone number which is valid for 30 minutes. Once they successfully register their mobile number on the portal, they can be able to report the complaint.

LEGISLATIONS

The following acts under the Indian Penal Code (IPC, 1860) section 354,

Section 354A: Demands for sexual favors or displaying objectionable pictures against a woman’s consent or making sexual remarks and sexual harassment will cause the imprisonment up to 3 years with fines.

Section 354C: An act of photographing or publishing a picture of a woman engaged in a private act without her consent will lead to imprisonment of 3 to 7 years.

Section 354D: Contacting woman online and sending irrelevant emails/messages despite the woman’s evident disinterest will cause the imprisonment of 5 years with fines.

The Information Technology Act, 2000 also has provisions for punishment under the following sections:

Section 66C-Identify cyber hacking is a punishable offense with imprisonment of 3 years and fines of Rs. 1 lakh.

Section 66E- Deals with the offense of capturing, publishing, or sending pictures of women in circumstances that violate privacy. This causes imprisonment of 3 years.

Section 67A- Makes it illegal to publish and transmit sexually explicit content and is punishable with imprisonment of up to 5 to 7 years.

The Cyber crime Prevention Act of 2012 focuses on preventing and prosecuting offenders involved in cyber crimes like violating privacy, confidentiality, and integrity of information through computer-related criminal activities.

The Indecent Representation of Women (Prohibition) Act regulates and prohibits the indecent representation of women through the media and publications, which also includes the audio-visual media, the content in electronic form, and distribution of material on the Internet, and the portrayal of women over the web.

Written By:

Kakumanu Jagruthi [1st Year, BA.LLB(Hons.)] under the guidance of Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law. 

Editorial Director:

Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law. 

Editors:

Dr. Praveen Kumar, Director, Vignan Institute of Law

Mr. L. Ashish Kumar, Assistant Professor, Vignan Institute of Law

Blog Managed By:

Taj Mahamood Baig [2nd Year, BA.LLB(Hons.)]

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