Cyber Crime FAQs

As the name suggests, cyber crime is defined as an unlawful act, wherein the computer is either a tool or a target or both to commit criminal activities. The different types of cyber crime in India include:

Types of Cyber crimes in India:

1. Crypto jacking: In this type of cyber-attack the criminal secretly uses the victim’s computing power to generate cryptocurrency. Ex: Over 2000 computers at Aditya Birla Group were attacked by hackers for mining cryptos[1]
2. Cyber Terrorism: Cyber Terrorism also known as Digital Terrorism is committed with an intent to threaten the sovereignty, integrity of the country or cause a sense of fear amongst the people by disrupting the information system, data or programs.
3. Hacking or Damage to computer system: This refers to the misuse of devices to cause damage or corrupt systems in order to gather information, steal data without authorization.[2]
4. Phishing: It is a type of cyberattack, where the attackers try to impersonate links, sources and deceive people to believe those messages, emails to be real and lure them to disclose sensitive information such as username, passwords etc.,.
5. Ransomware: It is a type of cyberattack where the attackers block the user access of data stored in devices until the demanded ransom amount is paid. Ex: Recently cyber attackers in initiated a ransomware attack on a Bangalore based firm and demanded a ransom amount of USD 80,000 (Approx. INR 66.70 Lakhs) from the firm, failing which the data would be sold on dark web.[3]
6. Child Pornography/Child Sexual Abuse Material: Sharing, publishing or transmitting of material depicting children in sexually explicit act, images etc., in any electronic form is a punishable offence under section 67B of IT Act 2000.
7. Trojan Horse: A Trojan Horse is a type of virus that is installed in devices through links, advertisements, messages by the attacker, these links, advertisements, messages appear genuine and harmless but contain malware, once the virus is installed the attacker gets access to confidential information, passwords etc.

[1]https://economictimes.indiatimes.com/news/company/corporate-trends/aditya-birla-group-hit-by-cryptojacking-attack/articleshow/64115246.cms

[2]https://www.fortinet.com/resources/cyberglossary/what-is-hacking#:~:text=Hacking%20in%20cyber%20security%20refers,or%20disrupt%20data%2Drelated%20activity.

[3]https://www.deccanherald.com/india/karnataka/bengaluru/ransomware-attack-hits-b-luru-firm-criminals-demand-80-000-2958894

Anyone can file a complaint for cyber crime. A complaint for cybercrime can be filed at any cyber cell in India irrespective of the place where the act has initially taken place or the place where the victim resides. A complaint of cyber crime can be registered in both online and offline mode.

1. Cyber crime complaint- Offline Process of Filing in India

   The victim of cyber crime can file a written complaint in the nearest cyber crime cell or any cyber crime cell established in India. There is no format that is required to be followed while filing a complaint reporting cyber crime, however there are few things that an offline complaint should contain:

   • The written complaint shall be addressed to the Head of the Cyber crime Cell
   • The complaint should be accompanied with
   • Details about the cyber crime
   • Name of person
   • Contact details
   • Mailing address
   • Relevant documents as evidence
2. Cybercrime complaint- Online Process of Filing in India [1] A complaint of Cyber crime can be registered online on National Cyber Crime Reporting Portal which is a government initiative to facilitate victims to report cyber crime complaints online. Through the portal anyone can report cyber crimes like caters to complaints pertaining to the online Child Pornography, Child Sexual Abuse Material or sexually explicit content like Rape/Gang Rape content and other cybercrimes such as social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes, and online cyber trafficking. One can follow below-mentioned steps to report a cyber-crime online:
   • Visit the National Cyber Crime Reporting Portal at www.cybercrime.gov.in
   • Go to the Report other cyber-crimes section
   • Proceed and click on File a Complaint option
   • Register your mobile number and fill in other relevant details about the offence
   • Mention about the State or the UT of the victim where the incident took place
   • Then click register and track to complete the filing process
   • Once the complaint is registered the person who filed the complaint will get a confirmation of the same.
3. Whenever one is filing a complaint for cyber crime, it is always recommended to keep evidences related to your complaint. Here are certain documents and materials that can be submitted by one when filing a cyber crime complaint
   • Credit card receipt
   • Bank Statement
   • Brochure/Pamphlet
   • Online money transfer receipt
   • Copy of email
   • URL of webpage
   • Videos
   • Images
   • Screenshots

In case there is no cyber cell established in your city, then one can file an F.I.R at the local police station and if no action is taken then one can approach the Commissioner or the city’s Judicial Magistrate.[2]

[1]https://cybercert.in/how-to-report-crime/

[2]https://cybercert.in/how-to-report-crime/

Given the rapid increase in the growth of cyber crime, taking some preventive measure would help one prevent being a victim of cyber crime. Here are certain ways to protect oneself from cyber crime:[1]

1. Keeping an updated system and software: Make sure to update your software and operating system up to date to make sure that you are benefitted from the latest security patches to protect your computer[2]
2. Using Strong Password: Prevent sharing your passwords or writing it down in places that is accessible to everyone. Ensure to use strong password having a difficult combination of characters, letters etc., and change them on a monthly basis.
3. Avoid being scammed: Do not click on unknown links and advertisements, always check the source of the sender for authenticity.
4. Protect your online identity and personal data: Always be careful when sharing personal information like mobile number, address, name, passwords etc., on the internet. If a website or application is seeking for these information make sure to check its authenticity and privacy settings. Do not share sensitive information like OTPs, CVV number, bank details etc., with anyone.
5. Secure your mobile devices: Downloading applications from untrusted and thirds party websites can lead to infiltration of malware and virus in your mobile, hence in order to secure your mobile devices from getting infected with malware and virus ensure to download applications from authentic sources.
6. Activate your firewall: Firewalls are the first line of cyber defense installed in a computer that can block connections to unknown or bogus sites which keep out some types of viruses and hackers.
7.  Use Anti-virus and Malware software: Update your computer by installing and regularly updating anti-virus software.
8. Seek Help: In case one encounters, suspects or comes across a situation of cyber crime then report such incident either at your nearest cyber cell or local police station.

[1]https://pcpc.gov.in/files/1.pdf

[2]https://www.kaspersky.com/resource-center/threats/what-is-cybercrime

Cyber Crime in India are cognizable offence under the Information Technology Act of 2000, the following penalties are imposed:

1. Damage caused to computer, computer system, etc., (Section 43): whoever without the permission of the p erson in-charge of the computer system accesses, downloads any data, introduces computer virus, causes denial of access will be liable to pay damages by way of compensation to the person so affected
2. Computer Related Offence (Section 66): –If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to 3 years or with fine which may extend to 5 lakh rupees or with both
3. Punishment for dishonestly receiving stolen computer resource or communication device (Section 66B): Whoever dishonestly receive or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, is to be punished with imprisonment of either description for a term which may extend to 3 years or with fine which may extend to 1 lakh rupees or with both.
4. Identity Theft (Section 66C): Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, is to be punished with imprisonment of either description for a term which may extend to 3 years and be liable to fine which may extend to 1 lakh rupees
5. Impersonation (Section 66D): Whoever, by means of any communication device or computer resource cheats by personation, is to be punished with imprisonment of either description for a term which may extend to 3 years and be liable to fine which may extend to 1 lakh rupees.
6. Violation of Privacy (Section 66E): Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, is to be punished with imprisonment which may extend to 3 years or with fine not exceeding 2 lakh rupees, or with both
7. Cyber Terrorism (Section 66F): Whoever commits or conspires to commit cyber terrorism is to be punished with imprisonment which may extend to imprisonment for life
8. Transmitting of material containing sexually explicit act, etc., in electronic form (Section 67): Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct is to be punished on first conviction with imprisonment of either description for a term which may extend to 5 years and with fine which may extend to 10 lakh rupees and in the event of second conviction with imprisonment of either description for a term which may extend to 7 years and also with fine which may extend to 10 lakh rupees.
9. Transmitting of material depicting children in sexually explicit act, etc., in electronic form (Section 67B): Whoever, publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner etc., is to be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to 10 lakh rupees and in the event of second conviction with imprisonment of either description for a term which may extend to 7 years and also with fine which may extend to 10 lakh rupees