Posted by Adv. Kadambari Deokare on 2025-10-30 18:30:00
Share: Facebook | Twitter | Whatsapp | Linkedin Visits: 89
In today’s digital world, our phones and laptops are practically extensions of ourselves. From online shopping and transferring money with a click, store personal memories in the cloud, and share every moment on social media and work, we’re constantly connected. But this digital convenience also comes with a dark side — cyber crime.
From phishing scams and identity theft to cyberstalking and financial frauds, cyber criminals are constantly finding new ways to exploit technology. According to the National Crime Records Bureau (NCRB), cyber crime cases in India have increased by over 24% in recent years, affecting individuals and businesses alike.
Let’s break it down step-by-step so you know exactly what to do if you ever face or witness a cyber crime.
In simple terms, cyber crime refers to any illegal activity that involves a computer, smartphone, or network. The intent can vary from stealing data and money to defaming someone or invading their privacy.
Cyber crimes can target individuals, companies, or even government systems. The motive might be personal revenge, financial gain, blackmail, or political manipulation.
Common Types of Cyber Crimes in India:
India’s cyber laws have evolved to protect citizens and businesses from these threats. The Information Technology (IT) Act, 2000 is the backbone of India’s cyber legal framework, supported by relevant sections of the Bhartiya Nyaya Sanhita (BNS), 2023.
1. Information Technology (IT) Act, 2000 and its Amendments
The IT Act defines, regulates, and punishes cyber offences. Key sections include:
|
Section
|
Offence
|
Punishment
|
|
43 & 66
|
Hacking,
destroying data, or unauthorized access |
Up
to 3 years imprisonment or INR Rs 5 lakh fine |
|
66C
|
Identity
theft (using passwords or digital signatures of others) |
Up
to 3 years jail + fine up to INR Rs 1 lakh |
|
66D
|
Cheating
by impersonation (phishing, fake calls) |
Up
to 3 years jail + fine |
|
66E
|
Violation
of privacy (capturing or sharing private images) |
Up
to 3 years jail + INR Rs 2 lakh fine |
|
67 & 67A
|
Publishing
or transmitting obscene or sexually explicit material online |
3
to 5 years jail + heavy fines |
|
70
|
Hacking
critical information infrastructure |
Up
to 10 years imprisonment |
2. Bhartiya Nyaya Sanhita (BNS)
Cyber crimes often overlap with traditional crimes, so the BNS also applies:
|
BNS
Section |
Title
|
Relevance
to Cyber Crime |
|
Section 318
|
Cheating
|
Covers
acts where someone deceives another and induces them to hand over property or
consent to retain property (or omit/action) causing damage. Very relevant for
online scams/frauds. |
|
Section 319
|
Cheating
by personation |
Specifically
covers impersonation (pretending to be someone else) which is a common
cyber-fraud modality (fake profiles, identity theft). |
|
Section 336
|
Forgery
|
Extends
to “false document or false electronic record” with intent to cause damage
relevant to cyber crimes involving forged digital records |
|
Section 61
|
Criminal
conspiracy |
Useful
where cyber-crime is part of a coordinated group activity (e.g., organised
fraud via network) |
|
Section 316
|
(Criminal
breach of trust) - though not all details found in my search but referenced
in news under BNS |
Cyber
crimes often involve misuse of entrusted digital access or data (so breach of
trust is relevant) |
Many victims hesitate to report cyber crimes because they don’t know where to start. But filing a complaint is simple and accessible — both online and offline. Let’s walk through it step-by-step :-
Step 1: Collect Evidence
Before you file a complaint, gather all possible evidence, such as:
Tip: Don’t delete anything, even if it’s disturbing. It might be crucial proof.
Step 2: File an Online Complaint (Easiest Way)
Visit the official portal: https://cybercrime.gov.in (National Cyber Crime Reporting Portal)
Choose:
You can file the complaint anonymously, and it will be directed to your nearest cyber police station.
Step 3: Report to the Nearest Cyber Crime Police Station
If you prefer to go in person, visit your local cyber crime police station (every city and most districts have one).
Carry:
Note: You can file a complaint at any cyber police station in India — jurisdiction doesn’t restrict cyber cases.
Step 4: FIR Registration (If Required)
For serious offences (like financial fraud, harassment, or data theft), police may register an FIR (First Information Report) under the relevant sections of the IT Act and BNS.
If the officer refuses to register it, you can approach the Superintendent of Police (SP) or file a written complaint before a Judicial Magistrate under Section 175(3) BNSS
Step 5: Case Investigation and Trial in Court
Once the FIR is registered, the cyber crime investigation unit starts collecting digital evidence and tracing IPs.
The case proceeds like a regular criminal trial — with evidence, witnesses, and final judgment.
A 27-year-old woman from Pune discovered her morphed pictures being circulated online. She filed a complaint through cybercrime.gov.in, attached screenshots, and followed up with her local cyber police station.
Within weeks, the cyber cell tracked the IP address of the offender, who was arrested under Sections 66E and 67A of the IT Act and Section 79 BNS.
In the 2004 case of State of Tamil Nadu v. Suhas Katti, the Madras High Court convicted Suhas Katti for cyber harassment, marking it as the first conviction under India's Information Technology Act, 2000. He was sentenced to two years of rigorous imprisonment and a fine for posting obscene messages about a woman on a Yahoo! group. He was also convicted under sections 469 and 509 of the Indian Penal Code for defamation and outraging modesty.
This case gave birth to a new term ‘cyber defamation’ in the Indian law as it was the first case of cyber defamation in India, so it holds a lot of significance. New angles were explored under this case which was never explored before in any Indian court. This case acts as a base for cyber defamation in India.
Cyber crimes are no longer “virtual” - they have real-life emotional, financial, and psychological impacts. The key is awareness and prompt action.
Remember: “Being alert online is the new self-defense.”
If you or someone you know becomes a victim of cyber crime don’t stay silent. Report it. The law is on your side.
As India’s digital economy expands, so does the responsibility of its citizens. Cyber security isn’t just a technical issue — it’s a matter of awareness, vigilance, and action. The more informed we are, the harder it becomes for cyber criminals to succeed.
So, the next time you face an online threat, don’t panic - act. Report it, preserve evidence, and let the system work for you.
Because justice in the digital world begins with awareness in the real one!