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Filing a Complaint for Cyber Crime - Citizen’s Guide to Digital Justice

Author: Astha Rajput, Graphic Era Hill University


Introduction

In the present era ,where almost everything in our daily life has shifted online like shopping, social interaction. Cyber crimes has emerged as one of the  concerning topic of modern society. According to (NCRB) National Crime Records Bureau- India recorded over sixty  five thousand cases  of cyber crime in 2023 and it has increased 25% from the previous year. These crimes include financial frauds,identity theft,cyberstalking and hacking.

Even though the cases are rising a large number of victims remain unaware of how and where to file the  complaints. The process of reporting cybercrime often leads to confusion. The objective of this blog is to simplify the process and empower citizens to take immediate legal action when targeted by any such offenders.


Understanding Cyber Crime

Cybercrime involves-  illegal activity that uses a computer, network or  digital device as- tool or target. The Information Technology Act, 2000 (amended in 2008) serves as the primary law governing cyber offences in India. Common categories include-


  • Cyber Fraud – Online scams, card fraud, phishing, credit etc.

  • Cyber Defamation – Publishing false or defaming information online.

  • Identity Theft – Misusing personal details to commit fraud.

  • Cyber Stalking – Sending obscene messages online.

  • Hacking – Unauthorized access to various networks or  computer system.

Understanding these categories helps victims to  identify the type  of offence before going to the authorities directly.


Step-by-Step Process to File a Cyber Crime Complaint

1. Collect Evidence

Before filing  the  complaint victims must secure some evidences such as:

Screenshots of messages, emails or posts.

URLs, transaction details and  communication records linked to the offence.These details form the foundation of a strong legal case.


2. Online Complaint through,National Cyber Crime Portal

The Government of India has launched an official platform - www.cybercrime.gov.in.

Steps:

1. Visit the portal and select “Report Other Cyber Crime”.

2. Register using your mobile number or  email ID.

3. Fill in the detailed complaint form and also upload supporting evidence.

4. Once  you have submitted your complaint, reference number is generated for tracking progress.

This platform allows individuals to report offences without visiting the police station.


3. Filing a Complaint at the Nearest Cyber Cell

If the complainant prefers offline reporting, they can file a complaint at the nearest cybercrime cell—available in almost every major city and district.

Carry a written complaint addressed to the Head of the Cyber Cell.

Attach identification proof (Aadhaar, PAN card, etc.) and digital evidence.

If a cyber cell isn’t available locally, the complaint can be filed at any police station under the principle of “zero FIR.” The police are obligated to forward the case to the appropriate jurisdiction.


Legal Provisions and Penalties

1. Information Technology Act, 2000

Key sections -

  • Section 43 – Deals with unauthorized access or damage to computer systems.

  • Section 66C –upto 3 years imprisonment

  • Section 66D – Covers cheating by personation, using computer.

  • Section 67 – Penalizes publishing and  transmitting obscene material online.


2. Indian Penal Code (IPC)

Traditional offences committed via digital means can also be charged under the IPC:

  • Section 354D – Cyberstalking of women.

  • Section 420 – Cheating and dishonestly inducing delivery of property.

  • Section 500 – Defamation.

Courts have consistently held that both IT Act and IPC provisions can operate simultaneously, ensuring broader protection for victims.


Role of Law Enforcement and Judiciary

Law enforcement agencies have established special Cyber Crime Investigation Cells in collaboration with the Ministry of Home Affairs.  The Trained officers  working under it examine the digital footprints using forensic technology to catch the  offenders.

The judiciary has also shown a strong  viewpoint  in  the matter of Shreya Singhal v. Union of India, (2015) in that the Supreme Court struck down Section 66A of the IT Act, which criminalized “offensive” online messages  because they were vague and unconstitutional. This judgment reaffirmed citizens’ rights to free expression.


Challenges in Cyber Crime Reporting

Despite government initiatives, challenges remain-

1)Limited expertise among local police.

2)Fear of social stigma and this happens especially incases involving women.

3)Delays in investigation due to issues related to jurisdiction.

4)Lack of technical awareness among victims.


Conclusion

As our reliability on digital technology extends along with that the responsibility to safeguard ourselves from its misuse also deepens . Cybercrime is not only a technical violation but also a social and psychological breach of  trust and privacy.

Every citizen must recognize that reporting cybercrime is a right. Whether online or offline, the complaint mechanism in India is evolving to ensure transparency and accountability.

Moreover, digital safety begins with awareness. 

As the saying goes, “The best firewall is an informed mind.” S,stay alert, report quickly and help make cyberspace safer.






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