What If?

March 18, 2013, by | Start Discussion

1,791 numbers of cases registered in India in 2011 under the Information Technology Act and concerning provisions. (Source NCRB database). Many more must have been registered in 2012 (Stats are yet to be declared) and much more go unnoticed due many reasons.

Thanks to CHmag, every week I get at least 3-4 emails asking about different queries about law and procedures (unfortunately most of the people look for “free” advice). So, from this issue onwards I am going to discuss some of the most common questions.

PS – All the questions are concerning law and procedure.

I.    Where should I file a Police Complaint for a Cyber Crime concerning me? Should I approach Cyber cell directly?

Ans: – Police complaint should be filed at a local Police Station nearby your place of residence or workplace except in Bangalore. Cyber cell is just an investigation agency; you will not get a First Investigation Report (FIR) in the Cyber cell. The only city in India having Cyber Police Station is Bangalore where you can get an FIR registered.

Usual procedure with respect to Police complaint goes something like –

  1. You register a complaint with the local Police Station.
  2. You get a copy of the First Investigation Report (FIR).
  3. Complaint is being forwarded to the Cyber cell.
  4. After investigation, Cyber cell officers sends report to the local Police station.
  5. Appropriate Criminal action is taken by the local Police against the offender/s.
  6. Legal case stands in the court of law.

II.   My Credit Card is unauthorizedly used or my Net Banking Username-Password is compromised. Should I contact my Bank first or should I register a Police complaint first?

Ans: – It is always advisable to contact your Bank first. Remember, it is your Bank who can help you to block your card.

As per RBI guidelines, every Bank should have a Risk Management and Investigations Department who does the job of first responder and investigate the offence.

If Bank doesn’t respond to your requests then you can approach the Adjudicating officer (de facto IT Secretary of the State) complaining against the Bank.

If Bank investigates the case and finds out a person then one can either approach the local Police if you wish to go ahead with the Criminal proceedings or approach the Adjudicating Officer if you wish to recover the money.

Sagar is a Law graduate. He is Head at Asian School of Cyber Laws(Maharashtra). He specializes in Cyber Law, Intellectual Property Law and Corporate Law. He teaches at numerous educational institutions across India.

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