Following are the methods to report a complaint. This is for the general awareness and our experts can assist you to file a complaint at free of cost.
Documentary evidence to be collected and provided by the affected party (prudent, though not mandatory):
- A copy of the link or screenshot showing the offending material. The screenshot should also include the website details for authenticity.
- Understand if the information can be backed up on the website or downloaded on to Google Drive. This method of backup will ensure time and date stamps on the material. Check on Google to identify how to back up data for each website.
- Kindly consider regularly backing up the content of your social media pages. Social media pages linked to Google Account may be able to maintain regular back-ups automatically. This method of backup will ensure time and date stamps on the material.
- Kindly ensure that your copy of the backup of the abusive post/chat remains secure even in the event of the removal of the original post by the author.
- Hard and soft copies of the material. In the case of hard copies a certificate as contemplated under Section 65B of the Indian Evidence Act, 1872 has to be produced containing the statement identifying the electronic records, the manner in which it was produced and the particulars of the device used, certified by the affected party.
- Ensure that a soft copy of the above evidence is in a CD.
It is recommended that the affected party collects and maintains a file of all the clear copies of all the documents including communications, print out of screenshots, emails, photographs and all applications filed before the relevant authority.
Report to the Social Media Platform
Every social media platform has a complaint mechanism. In the event of occurrence of any of the above stated offences, the affected party can use the internal complaint mechanism available within each social media platform.
National Cyber Crime Portal
Complaint to National Cyber Crime Portal through the link, cybercrime.gov.in
- You can also lodge a complaint by using the Ministry of Home Affairs‟ Online Crime Reporting Portal. You will be redirected to the specific State Government website to register a complaint.
- Register the complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence as discussed above. You can report anonymously or with identification, and you can track your complaint as well.
- There is also a specific portal on the website dealing with crimes against Women and Children. You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.
- Complaints can also be made anonymously in cases such as crimes related to online Child Pornography/ Rape or Gang Rape (CP/RGR). However, information related to the complaint should be accurate and complete for the police authorities to take necessary action.
Report to Computer Security threat to the Indian Computer Emergency Response Team (CERT-IN)
The Information Technology Amendment Act 2008 has designated CERT-IN as the national nodal agency for tackling the issues occurring in tow with computer security threats. They issue guidelines on the procedure, prevention, reporting, and response to cyber incidents, among other functions. Both the users and System Administrators can approach CERT-IN to report about computer security incidents and vulnerabilities, such as; Email related issues viz. mail bombing, spamming etc.
- Processing and storing data on an unauthorized system
- Making changes into the software characteristics, system hardware or firmware without obtaining the consent of the owner or without the knowledge or instruction of the owner
- Attempt to obtain unauthorized access to a system or data contained therein.
- Attempt includes both successful and failed attempt
- Disruption or denial of service
Complaint Follow Up
It is pertinent to note that filing a complaint is just a first step to a full redressal of the grievance. It is important to follow-up after a complaint is made to an authority. In case of denial, unreasonable delay or unsatisfactory result further to a complaint, there are various other forums available for addressing the same.
If the police station / cyber cell refuses to register the complaint, the victim can file
- A Representation/complaint can be given to the Commissioner of Police/Superintendent of Police or
- A private complaint before the Magistrate under Sections 190 and 200 of CrPC
- If there are no further steps taken by the magistrate, an Original Petition before the High Court under Article 227 can be filed after obtaining proper legal advice on the matter, bringing the fact of inaction and seeking necessary directions.
In the event that a complaint is dismissed by lower authorities/courts you can pursue the same in appeal.
If you need any assistance to file a complaint our empaneled experts will help you to draft a complaint and do regular follow ups.