By Sharanya Venkataraghavan
With the rise of the popularity of Social Media and Messaging apps such as Facebook, Instagram, WhatsApp, the abuse of women and children has now found its way onto these platforms. The recent Bois Locker Room incident where a group of young boys glorified rape culture and exchanged inappropriate pictures of young girls and women exposed the vulnerabilities of women online. The incident shocked society into the reality where women were no longer safe, be it offline or online and highlighted what women on the internet have faced for years.
In light of this incident among many other, the awareness of cybercrimes and the available legal redressal methods in unsafe situations online, becomes of importance especially to women who unknowingly expose themselves to such risks merely by being on a Social Media or Messaging Platform.
While most of these platforms such as Instagram, Facebook, WhatsApp etc. have their own policies that allow you to report material that violates their community guidelines, the framework is limited to taking down the material or deactivating the user’s account. Often the guidelines are loose, generic and limited, being ineffective in a large number of situation and the actions are inadequate.
One may additionally or alternatively choose to approach the Cybercrime Cell, set up by the Government of India to deal with cybercrimes specifically. The Cyber Crime Portal (https://www.cybercrime.gov.in) facilitates online filing complaints against various cybercrimes, especially against women and children directly through the portal. The portal is easy to use and reduces the fear of having to deal with police personnel and the discomfort of having to explain the situation. Alternatively, the case may be filed in person with the relevant Cyber Cell or Police Station in the form of a FIR. While the platform can be used for all sorts of cybercrimes, this article will specifically deal with those that relate to crimes commonly faced by women and children.
Filing A Complaint
What Complaints Can Be Filed On The Portal?
- Child Pornography and Sexually abusive material– This refers to any material containing sexual image in any form, of a child or woman who is abused or sexually exploited
- Cyber-bullying– Any sort of harassment or bullying on any online platform including but not limited to email, SMS, WhatsApp, Facebook, Instagram, Twitter, YouTube etc.
- Cyber-stalking– Any attempt to follow a person, or attempts to contact a person to foster personal interaction repeatedly despite a clear indication of disinterest by such person; or monitors the internet, email or any other form of electronic communication commits the offence of stalking.
- Cyber-grooming– Any adult who forms a relationship with a minor (below 18 years) and uses this relationship to pressure or tricks the minor into performing sexual acts
- Online sextortion- When someone threatens to distribute private and sensitive material using an electronic medium if he/ she doesn’t provide images of a sexual nature, sexual favours, or money.
- Sexting- An act of sending sexually explicit digital images, videos, text messages, or emails, usually by cell phone when not consented to.
- Online Matrimonial Fraud- An act of creating a fake profile to on leading matrimonial websites with the purpose of cheating, which may be with the intention of taking money or any other favour under the guise of marriage.
Additionally, complaints of mobile crimes, online and social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes and online cyber trafficking can also be filed though not discussed in the article.
Who Can File A Complaint?
Anyone who has been subjected to a cybercrime by an Indian citizen or an Indian company can file a complaint. Additionally, an Indian can file a complaint against a foreign national of a company on the Cybercrime Portal. Essentially, if even one of the parties is Indian, a complaint can be filed.
In the case of Child Sexually abusive material (CSAM), Child Pornography, Rape, Gang-Rape or sexually explicit material, anyone can report the same under the “Report Women/ Child Relater Crimes” on the Home Page. But in the absence of an anonymous reporting option, only the victims who have all relevant evidences can file the complaint in cases of mobile crimes, online and social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes and online cyber trafficking.
What Kinds Of Evidence Can I Provide?
Depending on the complaint, the type of evidence varies but acceptable evidence includes:
- Copy of email
- URL of webpage
- Chat transcripts
- Suspect mobile number screenshot
- Videos
- Images
- Credit card receipt
- Bank statement
- Envelope (if received a letter or item through mail or courier)
- Brochure/Pamphlet
- Online money transfer receipt
- Any other kind of document
Up to 5 mb worth of evidence may be uploaded.
How Do I File A Complaint Of CSAM Or Sexually Explicit Material?
If you have come across such material and do not have any relationship with the person in the material or have any relevant information about the suspect but want to bring it to the notice of the authorities, you can choose to Report Anonymously (https://www.cybercrime.gov.in/Webform/crmcondi.aspx). While reporting anonymously, no Log-In needs to be created. Only category of crime and State where the crime has taken place OR your state of residence must be provided along with evidence. As evidence, you can add in links to the material, screenshots or any other kind of evidence. It must be noted that before filing a complaint, one agrees to facing charges if the event of which information is provided is fake.
Alternatively, one may Report and Track (https://cybercrime.gov.in/Default.aspx) especially if the person(s) featured in the material is one’s self or someone they know or it has been directly sent to you or shared by someone you know. This option also provides for details on the suspect, such as name, IDs, Address etc. Additionally, the complainant’s details must also be shared in this case such as name, contact details, gender, Date of Birth, a relative, a National ID and the relationship with the victim. Since the relationship with the victim and suspect details is a compulsory entry, this option is preferred in cases where a considerable amount of information is known about the event. You also get a complaint number that will help you track the complaint.
A step-by-step guide on how to register a complaint of CSAM or sexually explicit material can be found at https://cybercrime.gov.in/UploadMedia/MHA-CitizenManualReportCPRGRcomplaints-v10.pdf
How Do I File A Complaint For Cyber-Bullying, Cyber-Stalking, Sexting And Other Online And Social Media Crimes?
Crimes other than CSAM and sexually explicit material can be registered under the “Report Other Crimes” option on the Home Page (https://cybercrime.gov.in/Webform/crmcondi.aspx). The anonymous reporting option is not available and hence, only the victims can file the complaint in cases of mobile crimes, online and social media crimes, online financial frauds, ransomware, hacking, cryptocurrency crimes and online cyber trafficking. To register a complaint, one must first create a log-in on the Cybercrime Portal.
Once logged in, the category of complaint must be entered. In the case of Cyberbullying, Stalking or Sexting, take a screenshot of the SMS, messages, save the e-mail as a PDF or in the case of a page on social media, blog or a forum, note the URL and save the page with such content as a pdf for evidence. Date and time of the incident, where it occurred (email/ SMS/ Facebook etc.), uploading of evidence up to 5 mb along with any other relevant details is mandatory in the complaint.
In the case of Online Matrimonial Fraud, evidence in the same formats and above and bank details in the case that you have lost money needs to be provided.
A step-by-step guide on how to register a complaint of Online and Social Media Crimes other than sexually explicit material can be found at https://cybercrime.gov.in/UploadMedia/MHA-CitizenManualReportOtherCyberCrime-v10.pdf
Can I Withdraw A Complaint?
A complaint can be withdrawn if made under “Report Other Crimes” only, not “Report Crimes against Women/ Children”. It is also to be noted that anyone making false complaints will be liable under the Indian Penal Code.
Conclusion
After registering a complaint, you will get a Complaint Number and will be able to track the status of the complaint except if the complaint has been filed anonymously under “Crimes against Women or Children”. The complaint is dealt with the relevant Cyber Cell as per the State or District specification in the complaint.
The portal, launched late 2019 is easy to use and bridges a gap of the presence of cyber cells in most districts of India. Further, the alternative of filing a FIR is often tedious and intimidating. Also, in the current scenario of lockdown due to COVID’19 which has caused a spike in the number of cybercrimes against women and also limited access to Police Stations and Cyber Cells, it ensures complaints may still be registered. All in all, the portal provides a holistic platform for complaints of cybercrimes.
