Notes On Cyber Crime
Notes On Cyber Crime
Procedure
What is Cyber Crime?
Any activity being unlawful in nature which involves the use of any network or networked
device or computer as a means to commit such activity is known as cyber crime. It can be
inferred from the definition that “computer” is the main element that is either used as a
tool for directly committing a cyber crime or can be used to target other computers or
devices. The former category which requires computers as a direct weapon involves the
committing of crimes like cyber terrorism, pornography, Intellectual Property Rights
Violations, etc. Whereas in the latter category crimes like hacking, virus attacks , etc are
committed. Following is the process of filing a cyber crime complaint.
Cybercrime is a criminal activity that is carried on by the use of computers and the Internet.
Some of the common cyber crimes are hacking, cyber stalking, denial of service attacks
(DoS), virus dissemination, software piracy, credit card fraud & phishing.
To tackle the issue of cyber crimes, CIDs (Criminal Investigation Departments) of various
cities opened up Cyber Crime Cells in different cities. The Information Technology Act of
India states clearly that when a cyber crime has been committed, it has a global
jurisdiction. and hence a complaint can be filed at any cyber cell.
Step 1- The foremost step is to lodge a complaint against cyber crime and the person who
committed it with the cyber police or with the cyber cell India. Various departments for
investigating crimes in various cities have been established by the cyber crime cells. These
departments not only investigate the crime but they also take the charge of getting the
crime reported in time. The victim can at anytime make a complaint to the cyber police or
with the crime investigating department of the cyber cell both through online or offline
method. One can also give a call at cyber crime helpline number.
Step 2 -One may need to provide name, mailing address & telephone number along
with an application letter addressing the head of a cyber crime investigation cell when
filing a complaint.
Step 3-One must provide certain documents in order to register a complaint. List of
documents varies with the type of cyber crime. One requisite while registering the
complaint is to attach or annex the documents which support the facts of the case fully. The
type of documents required to be attached at the time of registering the cyber crime
complaint depends on the nature of cyber crime committed.
If you want to learn more about cyber law, you can take up this course. This course will train
you on different kinds of actual work that is required to be performed by lawyers and other
professionals. After finishing the course, you will have acquired as much practical knowledge
as a lawyer working at a big law firm in TMT team will know after a year or two. It is not a
mere theoretical study, but hands-on practical lessons where you will have to draft a lot of
documents and develop strategies.
Register your cyber crime complain with Cyber Intelligence Alliance. This is not a proxy for
Police Complaint. CIA collects all the data submitted voluntarily and then pass on to state
police, cyber cells and any other investigating agencies. CIA follows up with them and
update you if there is any progress. CIA makes no promise as to what results will be
achieved except that they make it more difficult for cyber criminals who see to operate with
impunity at present.
Server logs
if the website of the victim has been defaced, then both soft copy and hard copy
of defaced web page.
a soft copy of original data and the compromised data, if the data has been
hacked on either victim’s computer, server or any other equipment.
Details like, name of the accused/person who accessed the victim’s computer
system or his email for accessing the victim’s computer or email.
There can be chances that a victim might find some person suspicious, then the
list of people who he found to be suspect.
Other relevant information to answer the following questions –
1. Which data was compromised and who might be responsible for doing that?
2. At what time did the system compromise and what was the reason for system
compromise?
3. Where is the impact of the attack-identifying the target system from the
network?
4. How many systems did get compromised by the attack?
Documents required for filing complaint against vulgar emails
Copy of Bank statement from the concerned bank of last six months.
Copy of SMSs received related to the alleged transactions.
Both copy of your ID proof and address proof as shown in the bank records.
Documents required for filing a complaint against business emails
Step 1
One can submit the complaint for cyber crime both offline and online. Cyber Cell India is the
department which deals with the online and offline cyber complaint and thus, the first step
is to report the complaint to this department. One can also give a call on cyber crime
helpline number. You can visit here to file an online cyber crime complaint.
Step 2
A written complaint has to be filed with the cyber crime cell by the victim in the city he or
she is in. But since, cyber crime comes under the purview of the global jurisdiction thus, it is
implied from this that one can file a cyber complaint in the cyber crime cell of any city
irrespective of the fact that the person originates from some other cities in India.
Step 3
Following information is required to be given by the victim at the time of filing the complaint
with the cyber cell-
Step 4
In case of no access to the cyber cell India, one can report the matter to the local police
station by filing a First Information Report. If the complaint due to any reason does not get
accepted in the police station then in that case one can approach the judicial magistrate or
the commissioner.
Step 5
One can also file a First Information Report under the provision of the Indian Penal Code if
the offence falls under this Code. it is an obligation of every police officer to lodge the
complaint as it has been made mandatory under section 154 of Code of Criminal
Procedure.
Since most of the cyber crimes under the Indian Penal Code are classified under the
category of cognizable offences, thus, there is no requirement of any warrant for arresting
the accused because cognizable offences are those offences in which for the purpose of
carrying out the investigation or for making an arrest there is no requirement of any
warrant.
Sample complaint to magistrate (where police doesn’t register FIR) for directions to
commence an investigation
[COURT], DELHI
[ADDRESS]
VERSUS
UNKNOWN …ACCUSED
Date: 05.08.2019
COMPLAINT U/SECTION 200 r/w SECTION 156(3) CRPC UNDER SECTION 66C OF THE
Information Technology Act, 2000
The following is a description of the identity theft incident: Two charges were made to
complainant Axis Bank credit card within the last month that the complainant never
authorized. One charge was for clothes purchased at H&M in Select CityWalk on June 23rd
2019 and the other charge was for two movie tickets purchased at DLF Place Saket Mall
Theatre on June 27th 2019. The thief charged, in total, INR 6,000 to complainant credit card
account.
The complainant has also experienced the following problems as a result of the identity
theft:
He has lost 5 hours of daily time due to the identity theft and faced mental trauma. The
complainant don’t know if the identity thief used the internet to open accounts or
purchased goods or services.
That thereafter the Complainant has not been intimated of the steps taken in the
investigation, nor has he been contacted by the Police in this regard.
[Comment: Section 156(3) has been invoked in this case, as the Complainant seeks the
magistrate to direct investigation into the case. In other private complaints which come
originally before the Magistrate, only section 200 requires to be invoked]
PRAYER
1. a) Direct the police to register the complaint and carry out investigation in the
present case.
2. b) Provide remedy to the Complainant.
3. c) Pass any other order that this Hon’ble Court may deem fit in the facts and
circumstances of the case.
Cyber Crime Complaint Letter Format
There is no separate format for filing the complaint for a cyber crime. One has to write a
normal letter specifying all the details about the crime and file it with the nearest police
station. Documents necessarily required to prove the crime have to be annexed with the
letter. List of documents required to be annexed depends from the type of cyber crime
committed. It can be social media crime, or a mobile application crime, cyber bullying etc.
thus, the list of these according to the type of crime committed have been mentioned in this
article itself. Below the general format of cyber crime complaint has also been provided.
To,
The DCP/SP
Date:
Sub: Complaint under Section 66C of the Information Technology Act, 2000
Sir,
Regards
Mr. X
https://digitalpolice.gov.in/ncr/State_Selection.aspx
Cyber Crime Complaint for whatsapp
Any crime committed on whatsapp, which is a social networking site can made online on
cyber cell India. It can also be filed through an offline mode in the nearest police station by
writing a letter and annex all the documents required to be given when a social media crime
is committed. A link is attached where a cyber crime can be reported online and it is as
follows-
https://digitalpolice.gov.in/ncr/State_Selection.aspx
Cyber defaming & Social Media Complaint Format
To,
The DCP/SP
Date- 05.03.2019
Sir,
I, introduce myself as Mr. X son of Mr. Y, resident of ABC colony Saket aged 21 currently
studying at Lingya Academy School Saket. I am obliged to report you the criminal act of
abusive comment on social media by the accused person named Mr. A son of Mr. B,
resident of N Block Okhla Vihar Abul Fazal who has posted hostile remark on social media
against me which is horribly hostile and has threatning character. The said individual very
surely understands that such information is false and has posted the same to cause
irritation, bother, peril, obstruction, affront, damage, criminal terrorizing, ill will, scorn and
hostility. He is perseveringly doing such acts by utilizing computer resource and other
gadgets (Mobile) for sending such message.
The said individual has flowed the said hostile and false material on the web which is visible
at ( provide the details of the web portal or platform where the message has been posted).
The hostile material is not only false but silly, defamatory, abusive and insinuative and has
been done with the intention to affront and criticize me and cause an embarrassment by
defaming and slurring my character. This adds up to causing defamatory comment on social
media and several persons have already asked me about the same believing the same to be
true. This has been done with the intention to stigmatize and harm my character and
reputation and cause damage to my character. The aforesaid person is liable for prosecution
for offensive comment on social media and other offenses.
I would request you to promptly investigate into the aforesaid offences, against the person
and take strict action against him in law.
Copy of a snapshot along with the printout of the said offensive message and material is
being enclosed herewith for your perusal and action.
Mr. X
The DCP/SP
Sub: Complaint under Section 66C of the Information Technology Act, 2000
Sir,
I, introduce myself as Mr. X son of Mr. Y, resident of ABC colony Saket aged 24 currently
employed at iPleader near Lingya Academy School.
Sir, someone has used my identity to engage in the following types of fraudulent manner:
Credit Cards
The following is a description of the identity theft incident: Two charges were made to my
Axis Bank credit card within the last two weeks that i never authorized. One charge was for
clothes purchased at H&M in Select CityWalk on June 23rd 2019 and the other charge was
for two movie tickets purchased at DLF Place Saket Mall Theatre on June 27th 2019. The
thief charged, in total, INR 6,000 to my credit card account.
I become aware of this theft when i received and read my monthly statement on June 30th,
2019.
I have also experienced the following problems as a result of the identity theft:
I have lost 5 hours of my time due to the identity theft and faced mental trauma. I don’t
know if the identity thief used the internet to open accounts or purchased goods or services.
I would request you to promptly investigate into the aforesaid offences, against the thief
and take strict action against him in law.
Copies of required documents has been attached with the complaint for your perusal and
action.
Regards,
Mr. X
Jurisdiction
Information technology Act, 2000 has been dealing with the computer and internet related
crimes and according to this act cyber crimes are committed all over the country. Cyber
Crime Investigation Cell has the jurisdiction all over the country as per section 1 and section
75 of the Information Technology Act, 2000 which deals in guiding principles concerning
cyber jurisdiction and has the power to investigate all such crimes with the
jurisdiction Police officer not below the rank of deputy superintendent of police can
investigate any offense under this Act.
The central government shall appoint an officer, not below the rank of a Director to the
Government of India or an equivalent officer of a state government to adjudicate and
inquire the matter.
Those who do not have cyber cell in their districts can file an online complaint on the cyber
cell of India.
CCTNS is a project under the National e-Governance plan. It direct at creating a nationwide
networking infrastructure for an IT-enabled criminal tracking and crime detection system.
The project is approved by the cabinet committee on economic affairs in 2009, with an
allocation of INR 2 billion.
Online complaints
In order to tackle cybercrime the central government recently announced that they would
be setting up a ‘Centre Citizen Portal’. The advantage of this portal is that it will allow
citizens to file complaints online with respect to cybercrimes including online financial fraud,
cyber stalking and many more. Another feature of this portal is that any complaint on the
portal will trigger an alert at the relevant police station and allow the police department to
track and update its status. It also allows the complainant to view updates and escalate the
complaint to higher officials.
Cyber police stations generally include appropriate equipment to analyze and track digital
crimes as well trained personnel. If any person becomes a victim of cyber crime then he/she
can file a complaint in a cyber police station and where there is no cyber police station
available in the city then in such case complainant can file a complaint in the local police
station.
Predictive Policing
It refers to the usage of the mathematical, predictive analysis, data mining and other
analytical techniques in law enforcement to identify potential criminal activity. In India,
Jharkhand police, Delhi police and Hyderabad city police working on the predictive policing
in order to scan online records to study crime trends and in order to prevent crime.
Hacking
Vladimir Levin a Russian programmer with a computer software firm in St. Petterburg
managed to get access and stole millions of dollars in 1995 from citibank network.
Trojan attack
Backdoor – it acts like a remote control and authorises the hacker to have a
control in the infected network or computer. It can involve sending or deleting
files and also rebooting the computer.
Trojan- banker- it is used for stealing the legitimate owner’s bank or account
details, which includes the details of credit and debit cards as well.
Trojan downloader- it helps in installing and downloading a new version of
malicious software in a particular computer.
Trojan spy- it helps in tracking data or getting a list of applications etc.
Example of Trojan
A trojan named as Zbot has infected more than 37,000 computers in the United Kingdom
through a drive by download. Users visiting a compromised site would unknowingly receive
the virus as a cookie and then it steals all the data of the users.
Virus is the programme which has the capability of infecting the other programmes. It also
has the capability to make copies of itself and spread it into other programmes. Worms are
programmes which help in multiplying like viruses and spread it from device to device.
Identity theft
Identity theft is one of the most common and prominent forms of cyber crime in which a
person committing the crime steals the information of the other person by the use of the
internet. There is a broad scope of criminal activities under the purview of cyber crime.
Internet acts as a great source of making things accessible easily without moving from one
place. Though the internet at one point is proving to be a boon in today’s scientifically
updated community but on the other hand, it is unfortunate that some people are indulging
in unlawful activities by committing cyber crimes and making misuse of the technology.
Abraham Abdallah duped several credit score companies into providing them with
information, and then steal millions of dollars from America’s richest people including
Warren Buffet and Steven by using their identity.
Email spoofing
This is a fraud act which makes an email to appear originating from a particular person and
from a particular place which in reality is not the original source. Thus, as the message
appears to be from one source which is actually not an original source. With the help of a
working Simple Mail Transfer Protocol, an email spoofing can easily be achieved. The
recipient can inspect the email source code to check whether the email is spoofed or not.
Also, the recipient can track the IP address of the email and trace it back to the original
sender.
Email spamming
Spamming is a deliberate act of sending email to a large number of people in the similar to a
chain letter and to use network resources. It can be combined with email spoofing.
Email booming
In this identical email messages are sent to a particular IP address by the abusers on
repeatedly.
Phishing
It is a type of cyber crime in which the hacker sends the URLs and email attachments which
are malicious in nature to the users. The purpose of the hacker in phishing is to gain access
to systems of legitimate users. The users get trapped into the trick played by the hackers
who send the emails claiming the user the need to change their password or update their
account information which easily gives access to the criminals of their system.
The purpose is to extract personal information like passwords, credit and debit card
numbers etc. Criminals have an objective of gaining access to the login credentials of the
real owner of the system, network or device etc. through this kind of attack. By being
cautious of these kinds of suspected email attachments the user can protect itself from the
phishing attack and at the same time protect its personal information.
The scammers may try to trap a person in this scam by claiming fake information that
unauthorised or suspicious activity is happening on a particular person’s account.
Inspect a website before interacting with it as look at the URL or website address closely. As
you will never see a misspelling in the bank name and a genuine bank website address will
always be prefixed with ‘https’. That is an indication that all communication between your
browser and the bank’s website is encrypted.
Click cautiously
Another way to identify phishing websites or email is most phishing sites spread their reach
on the internet by posting flashy and lucrative links on websites with high user traffic. It is
advisable to inspect links before interacting with them because clicking on them can
seriously compromise your security. If you find anything suspicious then do a quick web
search to identify the bank’s official website address or URL.
Exercise caution
The best way to avoid phishing is to become more and more cautious by using only trusted
and genuine software and services when banking online. Access websites only through
official links and sources, and follow proper security procedures.
Also, check if the website is secure by inspecting its URL for the SSL certificate and also it is
advisable to have two devices – one for work and one for personal use- so that the security
of the work device is never compromised.
If you ever find yourself at the receiving end of a phishing scam, don’t panic because even
the most complicated attack can be resolved with the help of your bank and the police
authorities. Above all, remember to exercise caution in all your online transactions.
Trolling
The word itself indicates that it is an act of defaming the other person online in front of the
whole world. The purpose of this is to tarnish the reputation or lower down the image of the
innocent person. It disrupts the online communication.
Cyberbullying
when an unknown attacker uses the electronic form of media or internet to post photos,
videos, texts, messages of such type which can be embarrassing in nature. It is a form of
harassment which involves the use of some harsh terms to affect the victim fully.
The intention is to insult the victim publicly. Posting humiliating rumours, nasty comments,
posting hate comments to trigger the political, religious and ethical beliefs or point of views
of the people are some of the types of cyberbullying.
Today’s generation has grown up using technology and is well versed with it. So it is
essential to keep a check on them and it is the duty of the parents to keep a check on the
activities of their children. Because the teenagers have less maturity and understanding to
make a difference between what is right and what is wrong that is the reason why they are
more vulnerable to cyberbullying and that is why it is crucial for parents to have a constant
check on the activities of their children while they use the internet.
There are various warning signs to be looked upon to check whether the person at your
place is bullied or might be bullying someone. These signs are as follows-
Ransomware
It is a form of malware or malicious software which after taking control of the computer
restricts the person to access his own system. To prevent the system from ransomware
infection it is essential to defend one’s own system by keeping it updated and by installing
the software only after knowing every detail about it. Such defensive steps shall be
necessarily taken into consideration.
Installing anti-virus software is another defensive step which helps in detecting such
malicious software. Keeping a back-up of documents and files is really important and
automatic back up shall also be done.
Cyberstalking
The term stalking refers to keeping a check or surveillance on some particular person by an
individual or a group of individuals. When it is done through the means of the internet or by
following the other person constantly on his/her social media account then it is known as
cyberstalking. It often takes a form of harassment and is overlapping with cyberbullying.
There were no specific laws dealing with cyberstalking prior to February 2013 amendment.
But the scenario has changed after this year. Section 354D of Indian Penal Code deals with
providing punishment for cyberstalking. According to this provision any man who repeatedly
follows or contacts a woman or tries to do so for the purpose of fostering personal
interaction despite clear indication by a woman showing her disinterest or who monitors
the internet, email or other forms of electronic communication used by a woman, then it
amounts to the offence of stalking.
There is an exception to this section that stalking done for following purposes will not be
liable to punished under section 354D –
If a man pursued it for the purpose of preventing or detecting crime and the man
accused has been entrusted with the responsibility of preventing and detecting
the crime by the State; or
It was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or
In particular circumstances such conduct was reasonable and justified.
Steps to protect yourself against cybercrime
The steps to prevent yourself against cybercrime are followed as-
There are many good internet security suite available in the market. Just buy the premium
version of any security suite which helps you to protect your financial information whenever
you go online.
It is advisable to change your passwords regularly and don’t repeat your passwords on
different sites, always try to make them complex like using a combination of at least 12
letters, symbols and numbers.
Whenever your system ask you to update your software always update it. As cyber criminals
frequently use known exploits, or flaws, in your software to gain access to your system.
When your system software is updated then there are less chances that you’ll become a
cyber target.
Step 4: Manage your social media settings
It is advisable to keep your personal and private information locked down because
cybercriminals can often get access to your personal information with just a few data points,
so the less you share publicly, it better would for you.
It is advisable to use a strong encryption password as well as virtual private network. Use a
VPN whenever you use a public wifi network, whether it is a cafe, hotel, airport or library.
The first thing you can do is to identify what kind of cybercrime has been committed then,
the next thing is you need to alert the cyber cell of your city in case, if you don’t have any
cyber cell in your city then you need to alert the local police. It is important even if the crime
seems minor because it may prevent such criminals from taking advantage of other people
in the future.