Cyber Complaint: Model Complaint and Filing

Introduction:

In this era of digitization made everything from education to professional meets are being organized on the online platform; especially after the spread of the Covid-19 pandemic digital platforms are given more prominence. However with an increasing use of technology also comes the pain of handling and preventing its misuse. The digital platform is also being used for committing various unlawful activities or cybercrimes. Cybercrime is a computer-based crime. According to the National Cybercrime Portal, “this is an unlawful act in which a crime is committed by using a computer or the commutation device or computer networks”. This article provides all necessary details about cyber complaint, its essential elements, how to file them, etc.

What is a Cyber Complaint?

National Cybercrime Reporting Portal has been developed by the Ministry of Home Affairs to facilitate an online platform for reporting with all types of cybercrimes. An Indian Cyber Crime Coordination Centre (I4C) has also been setup by the Home Ministry to deal with cybercrimes in a coordinated and comprehensive manner. A cyber complaint is a medium by which you can report the commission of any cybercrime, either you can file an online complaint for the same or you can also register an FIR in the concerned police station. Cybercrimes are described in Information Technology Act, 2000, so cyber-complaint can be made according to it or any other legislation concerned in this regard.

Types of a Cyber Complaint and Key Elements of Cyber Complaint

In India to report the cybercrimes, they have been divided into two categories – the first are cybercrimes (except child pornography, rape/gang rape, and obscene content related).

Filing a Social Media Related Cyber Crime Complain

While filing a cybercrime complaint related to social media, you need to provide the following details and evidences-

1. Screenshots of the alleged content or the profile along with the written complaint.
2. In case of alleged content, share a copy of the URL of the site.
3. Submit both the hard and the soft copy of the contents and the soft copy should be given in compact disc recordable form only.

Filing a Mobile Application related Cyber Crime Complaint

While filing a cybercrime complaint related to mobile application, you need to provide the following details and evidences-

1. Screenshot of the app and source of the downloaded app.
2. All the related documents required should be submitted in soft copy.
3. If in case the Mobile App has fraudulently taken your money then submit the Bank statement of the transaction.

Filing a Net Banking and Fraud related to Cyber Crime Complaint

While filing a cybercrime complaint related to net banking and fraud like lottery scams, you need to provide the following details and evidences-

1. Bank statement of last six months’ along with a copy of ID proof and address proof that linked to in the concerned bank records.
2. Provide a copy of the SMS that was received from the alleged transactions.

Filing a Bitcoin Based Complaints

Along with the written complaint, we have to attach the address of the Bitcoin, the number of Bitcoin and we also have to address from whom we bought bitcoins or to whom we sold the bitcoins.

The second category is cybercrime against women and children. For reporting such cyber crimes it is not necessary to provide the details of the complainant or victim, there is an option available to report anonymously.

Filing a child pornography or rape or gang rape-related complaint

While filing a cybercrime complaint related to child pornography or rape or gang rape, you need to provide the following details and evidences-

1. If such content was received via SMS, then a screenshot of such SMS, date, and time of receiving the SMS should be provided.
2. If such content was received via Email, then a pdf of the alleged mail or screenshot, and the received attachment if any should be provided.
3. If such content was received via any messaging platform then a screenshot of the alleged message, senders phone number, and time and date of receiving the SMS.

If such content was found on social media platform a copy of the URL and screenshot of the alleged page should be provided.

How to Report a Cyber Crime Complaint?

The following steps will help you to report cybercrime. These steps have been provided in the User Manual for National Cyber Reporting Portal.

To report cybercrimes (except child pornography, rape/gang rape, and obscene content related) the following steps have to be followed-

Step 1: Open the website https://www.cybercrime.gov.in/. Then select a red checkbox containing ‘file a complaint’, you will then be directed to a new window, where you will be required to read the terms and grant acceptance to continue. Further, select on category ‘report other cybercrime’.

Step 2: You will be required to ‘log in’ by providing details like username, mobile number, and verification of one-time password.

Step 3: Then you will need to select a category and sub-category. ‘Category of Complaint’ includes 8 options-

1. Online and Social Media Related Crime;
2. Online Financial Fraud;
3. Ransomware;
4. Hacking;
5. Cryptocurrency-Related Crime;
6. Online Trafficking;
7. Online Gambling; and
8. Any Other Cyber Crime.

Similarly, you will be required to select a ‘sub-category’ from the drop-down for the respective category you chose before.

Step 4: You will have to provide all the necessary details about the incident like-

1. Date and Time of the incident;
2. Give reason for delay in reporting (if any);
3. Select the platform of incident like Facebook, Instagram, WhatsApp, Twitter, etc;
4. Email Id;
5. Upload evidence (file size upto5 MB only);
6. Provide additional information that can be used in complaint and during investigation;
7. Click on ‘Save and Next’ to proceed further.

Step 5: Here you will be required to provide details of the suspect if known like- his name, ID, photograph, address. You can select ‘add more’ if the suspects are more than one. Click ‘Save & Next’ to proceed.

Step 6: Click on ‘complainant details’ and fill in details like name, gender, date of birth, parent’s or spouse’s name, relationship with victim, email id and upload the National Id (driving license, PAN, or voter ID card, etc) of the victim.

Step 7: Click on preview and submit, here you can click on ‘reset’ if you want to edit any information provided above, otherwise click on ‘I agree’ and then click on ‘confirm and submit’. On submission of the complaint, a complaint submission confirmation message with ‘Complaint ID’ will be displayed on the portal You will also receive a message and e-mail on the registered mobile number and e-mail ID once the complaint is successfully submitted on the portal.

Step 8: You can generate a pdf of the complaint by clicking on ‘Download pdf’.

To report cyber crime against women and children, follow these steps-

Step 1: Visit https://www.cybercrime.gov.in/. Select ‘file a complaint’ and ‘agree to the terms and conditions’. Then select the category ‘report women and children related cybercrime’, this category provides you an option to report anonymously.

Step 2: You will be required to provide details and evidence related to the incident. Further ‘select the category of complaint’ from 3 options-

1. Child pornography or material related to child sexual abuse;
2. Rape/Gang rape or sexually abusive content; and
3. Sexually explicit content.

Additionally, also provide the date and time of receiving/viewing the content, location where the incident happened, select the appropriate district then police station, and the source of evidence like the social media platform, email, or website. You will also be required to upload evidence upto 5 MB and provide any other additional information, then click on ‘save and next’ to proceed.

Step 3: Here you will be required to provide details of the suspect if known like- his name, ID, photograph, address, or any other additional information. You can select ‘add more’ if the suspects are more than one. Click ‘Preview & Next’ to proceed.

Step 4: Click ‘back’ if you want to edit the uploaded information otherwise click on ‘confirm and submit’. You will be shown a puzzle, ‘answer’ it and click on ‘I agree’. On submission of the complaint, a complaint submission message will be displayed on the portal and the complaint would be worked upon by the respective State/UT police authorities.

Step 5: You can generate a pdf of the complaint by clicking on ‘Download pdf’.

How should you frame the language in a Cyber Complaint?

1. The language should be simple and easy to understand.
2. The incident should be summarized as precisely as possible but all the necessary information must be provided, hence it should be detailed yet accurate.
3. The incident must be narrated chronologically.
4. You can also use your local language if complaining to the regional police station.
5. You can also attach annexure like a copy of the alleged SMS of fraud, a copy of a bank statement, etc.

An Imaginary Cybercrime Scenario

Ms. ABZ is a Facebook user since the year 2010. She never faced any problem with this platform, but recently she was subjected to something that made her tremendously disturbed. She has been receiving morphed nude pictures of her by unknown users directly in her chatbox. She wishes to make a complaint in writing in the concerned police station.

Model Cyber Crime Complaint

To,

The SHO,

PS XYZ,

Nagpur, M.H – 1100XX.

Subject: Complaint under Section 66(e), 67 and 67(a) of the Information Technology Act, 2000 along with Section 509 of the Indian Penal Code, 1860 for Punishment for Violation of Privacy, Punishment for publishing or transmitting obscene material in electronic form, Punishment for publishing or transmitting of material containing sexually act, etc. in electronic form and words, gesture or act intended to insult the modesty of a woman.

Respected sir/madam,

I, am Ms. ABC, aged_________ currently employed or as/studying at_______________.

I am a frequent user of the internet and social networking sites, particularly ‘Facebook’. Never have I had any trouble using this platform, but recently I started getting explicit messages from ‘unknown user’. These people have not only sent me texts, but they have also gone so far as to morph my photographs with naked and pornographic images downloaded from the internet.

The attacker could even have illegal access to my photographs by installing a spy camera in a public location, such as a dressing room in a Mall, etc. I also fear that he may have sent it to others, particularly to people on my friend’s list and to my colleagues. (Copy of Facebook messenger/inbox with messages received from these unknown users has been enclosed with the letter)

I believe that these messages may come from a single person who repeatedly makes these false accounts or from various individuals with similar motives of threatening, maligning, and defaming me. The detailed sequence of the events is as under:

I created my Facebook account (Social Networking website) in 2010 and have been using this account since then without any intrusion or obstruction. That I used this account to chat with my friends, to remain socially involved in my circle, and to reconnect with people.

I’ve been getting graphic and pornographic content from anonymous users in my Facebook inbox over the last few months. These users gave me pornographic content that is grossly inappropriate and has a threatening character. Such pictures, if they were made public, would do me harm beyond repair and I would be devastated.

That I have blocked all of these users from my account, but any time I block such a user, I’m getting obscene and pornographic posts from another user again. Moreover, I have never responded to any of these posts.

That on _____________, I again received a message from a user at about ___________ a.m. or p.m. As soon as I opened the post, I was traumatized to see a morphed image of myself. Soon thereafter, on _____________, I got another identical post, with a photo of myself in the nude and another naked man. I tried to report the matter to Facebook, and I also ‘reported abuse’ from the account, but every time the account is blocked, I start receiving the content from another account.

The very next day, when I went to the office/school, I heard a group of people commenting implicitly on the photos. I was persuaded, then, that these pictures had been shared. I felt so angry that I was moving back there. Earlier, I did not tell anybody that I was uncomfortable; however, I am now forced to turn to legal action and want to sue the offending party for the untold abuse and suffering they have caused me.

It can also be noticed that my Facebook account has been used by me since 2010 and that all of my friends and relatives are on my Facebook. I’m concerned these pictures are going to be shared on my Facebook page. I fear that these pictures may have been distributed online, too, and may have already been used for unethical purposes.

I am traumatized by receiving these messages and I urge you politely to take swift and timely action against these users, as this act is a threat to my privacy and dehumanizing. If no action is taken against these users/persons, I will have to suffer irreparable harm. I have made a note of the entire user IDs for your research and investigation. In the light of the above factual backdrop, it is submitted that the following offenses are made out against these ‘unknown users’.

Punishment for Violation of Privacy under section 66 (e) of the Information Technology Act, 2000 Punishment for publishing or transmitting obscene material in electronic form under section 67 of the Information Technology Act, 2000 Punishment for publishing or transmitting of material containing sexually act, etc. in electronic form under section 67 (a) of the Information Technology Act, 2000 and words, gesture or act intended to insult the modesty of a woman under section 509 of the Indian Penal Code, 1860.

I request you to promptly investigate the aforesaid offenses, against the unknowns users and take strict action against them in law.

Thanking you in advance for your efforts.

Regards,

Ms. ABC,

Mobile No. 91-XXXX-XXXXXX,

Nagpur, M.H.

Conclusion

Thus it can be concluded cyber complaints can be made by using both online and offline means. Reporting cybercrime is not a difficult task if you have all the required documents and evidences. Further, it is also important to note that cybercrime related to women and children can be reported anonymously which can help to protect the identity of the person reporting it and ensure his/her safety. The government has also taken the incentive to create cyber cells and online platforms to facilitate smoother and faster reporting of cyber crimes in India.