Cyber Law - FAQ's

1. What steps should I take if someone is using my private images to extort me? (Online sextortion)
If someone uses your private images to blackmail you, that is termed as online sextortion. It is always important to act fast but methodically in order to not suffer too much, and most importantly, find help. Here is the guide for dealing with the situation:

A. Neither pay nor agree with the demands

Paying the extortionist or complying with their demands often leads to further exploitation, as it signals that you are willing to comply. Do not threaten the perpetrator or provoke them. Keep communications brief.

B. Collect and preserve evidence

Document all communications with the extortionist, including emails, messages, and threats. Do not erase or edit messages which could become evidence later. Capture the perpetrator’s username, email address, or phone number along with the networks they use.

C. Report the crime

In India, you should raise your complaint with the Cyber Crime Cell at their reporting portal at https://cybercrime.gov.in or contact the local police. Report the extortionist’s profile and activities on the platform they are using (Facebook, Instagram, WhatsApp, etc). Most social media sites have policies against this and can take action to block or remove the user account. If the images have been shared online, inform the website administrators that they should be removed under privacy laws.

D. Protect your online accounts

Change all your passwords, especially those associated with the extortionist’s communications. Add an extra layer of security to prevent unauthorized access. Use resources like “Have I Been Pwned” to check whether your email or accounts are already compromised.

E. Utilize available legal protections

India has very robust legal provisions for crimes of this nature:
Section 67A of the Information Technology Act, 2000: This Section penalizes the act of publishing or transmitting obscene material. It attracts punishment of imprisonment and/ or fine or both.
Section 77 of the Bhartiya Nyaya Sanhita, 2023 (Voyeurism): Criminalises acts of sharing intimate or private content of a person without their consent. The act is punishable with imprisonment and/ or fine or both.
Section 308 of the Bhartiya Nyaya Sanhita, 2023 (Extortion): This Section deals with extortion by force or coercion. These cases are punishable by imprisonment and/ or fine or both.
2. What should I do if someone uploads my private images or videos online? Who should I contact to get them removed?

A. Report to the site

Most online platforms have policies against sharing explicit or private content without consent. Here is how to report:
Social Media Platforms: Use built-in tools to report and request the removal of inappropriate content on platforms like Facebook, Instagram, or Twitter.
For example: Facebook/ Instagram: Help Center; Twitter: Report Abuse or Sensitive Content
Video-Sharing Sites: Report the content on sites like YouTube or Vimeo using their reporting tools.
For example: YouTube has “Report Privacy Violation”. Web Hosts: If the content is on a personal website or blog, contact the host or domain registrar.

B. File a complaint with Authorities

In India, uploading or sharing private images/ videos without consent is a punishable offense. You can file a Report with the local Police by visiting your nearest police station or cybercrime cell to lodge a formal complaint or report it online by using the National Cyber Crime Reporting Portal at: https://cybercrime.gov.in.

C. Laws applicable in India

Section 66E of the IT Act, 2000: Punishes the violation of privacy by capturing, publishing, or transmitting private images without consent, with imprisonment and/or a fine upto ₹2 lakh.
Section 77 of the BNS, 2023 (Voyeurism): Applies to sharing intimate content without consent, punishable with Imprisonment up to 3 years for the first conviction, and up to 7 years for subsequent convictions.
Section 67 and 67A of the IT Act, 2020: Covers publishing obscene material or sexually explicit content. The act attract imprisonment which may extend up to 5 years for the first offense.

D. Request Content Removal from Search Engines

If the images/ videos appear in search engine results:
Google: Request the removal of content through the Google Content Removal Tool.
Bing or Yahoo: Similar tools exist for other search engines to remove sensitive content.

E. Key Contacts in India for Immediate Action

National Cyber Crime Reporting Portal: https://cybercrime.gov.in
Women’s Helpline (181): Offers immediate support for women in distress.
Cyber Peace Foundation: Provides assistance and resources for victims of cybercrime.
3. What should I do if I find suspicious material involving children online (child pornography)?
Child pornography in India is strictly prohibited and punishable under various provisions. It is the duty of citizens to report the content to appropriate authority. The methods for reporting include:

A. Online reporting

Online complaints can be registered by visiting the National Cyber Crime Reporting Portal at https://cybercrime.gov.in and selecting “Report Women/ Child Related Crime” to report Child Sexual Abuse Material (CSAM) anonymously or formally.
Childline India (1098): Dedicated number to report your grievances relating to protection of children.
Cyber Tipline-International Report: If it is from a country other than India, then you can report it to the National Center for Missing & Exploited Children (NCMEC) at https://report.cybertip.org/.

B. Contact your local authorities

You can complain at your local police station or cybercrime cell. Share your document with them for further investigation.

C. Report through the platform

Report the crime using the reporting feature on various platforms such as Facebook, Instagram, Twitter, YouTube etc. Platforms usually have teams that take care of such complaints and may even forward it to the law enforcement.

D. Legal Landscape in India

India has enacted some of the toughest laws to combat child pornography: Protection of Children from Sexual Offences (POCSO) Act, 2012: It criminalizes the creation, distribution, possession, and consumption of Child Sexual Abuse Material (CSAM). Sentences up to 5 years of imprisonment for first-time offenders and 7 years for second-time offenders.
Section 67B of the IT Act, 2000: Prohibits the publishing or transmitting of child pornography. It attracts imprisonment and a fine which may extend to ₹10 lakh.

E. Child Protection Organizations

Several organizations can help in reporting and handling the case:
CyberPeace Foundation: Provides resources and assistance in cybercrime cases.
Bachpan Bachao Andolan (Save Childhood Movement): Working against child exploitation, they can be contacted for reporting.
International Watchdog Groups: INHOPE (www.inhope.org) is one of the international groups providing resources worldwide for reporting Child Sexual Abuse Material (CSAM).
4. Can I get in trouble for having received explicit image involving a minor in a group chat, even if I didn't ask for it?
Yes, you could be held liable for receiving an explicit image of a minor, even if you didn't ask for it, as possession of such material is illegal in many jurisdictions, including India. Even if the possession is done accidentally, this act is illegal, but by reporting and deleting it, you are not a criminal. However, your intent and actions upon receiving the image will greatly influence how the situation is addressed. Here is what you should do to protect yourself:

A. Act Immediately

If you come across an obscene image containing a child, do not download the image to your device or back it up to your systems (e.g., cloud storage). Possession itself is a crime. Sharing or forwarding the image, even to law enforcement, may be considered distribution and result in legal consequences. If such material is being distributed in a group chat, one should leave the group immediately after reporting the problem.

B. Report the Incident

Reporting the picture proactively can help show that it was not done with bad intent and could help the authorities take corrective action on the crime. This is how it can be done:
National Cyber Crime Reporting Portal: File a report anonymously or formally at https://cybercrime.gov.in under the Child Pornography/ Child Sexual Abuse Material (CSAM) category.
Local Police or Cyber Crime Cell: Visit the nearest police station or cybercrime unit to report the crime. To the Platform: Report the images and group details to the message platform (which may be one of WhatsApp or Telegram). Nearly all platforms operate with zero tolerance for Child Sexual Abuse Material (CSAM) and will very quickly remove them and report same to law enforcement.

C. Collect and Preserve Evidence

Record the sender’s information, the date the photo was received, and any other relevant information concerning the crime. If possible, capture a screenshot of the group chat or sender’s profile (but do not save or store the explicit photo itself). When reporting to the authorities, give them the information they need without forwarding or saving the image.

D. Cooperate with Investigations

When notified by authorities, of the photo, express that you did not request the material and acted to report and take it down as soon as possible. Supply any proof or information that can help the investigation.
5. What should I do if I find an unauthorized charge on my card?
If you find a charge on your card that you did not authorize, do the following for disputing it promptly:

A. Inform your bank or card issuer

Dial the customer service number printed on the back of your card to report the charge. Share all the information regarding the charge, such as the amount, date, and name of the merchant. Many banks enable users to freeze their cards temporarily using their app, which will restrict further unauthorized transactions.

B. Submit a formal dispute

Go through the process of your bank in disputing charges. This usually involves filling out a form or submitting the request online. Provide evidence and supporting documents, if necessary, like receipts or correspondence to prove that the charge was unauthorized.

C. File a Police Report

If you suspect fraud or theft, file a report with your local police station. Your bank may require this report as part of their investigation.

D. Replace your card

Request a new card with a different number to prevent further unauthorized charges. Stay in touch with your bank until the issue is resolved. Ensure the unauthorized charge is reversed and you’re not held liable.
6. What steps should I take if my debit or credit card is lost or stolen?
If a debit/ credit card goes missing or stolen, it is important to act promptly to minimize potential fraud. What you should do:

A. Report the loss immediately

Contact your bank or card issuer: Use their customer service number, usually found either on your bank statements or the issuer’s website. Block the card: Request the issuer to deactivate or block the card to prevent unauthorized transactions.

B. Monitor your account

Look for any unauthorized charges and note them for reporting. Activate transaction notifications (if available) to stay informed about any activity on your account.

C. File a fraud report

Dispute unauthorized transactions by informing your bank about any suspicious activity. Most banks have a formal dispute process. If the card was stolen, file a police report and provide documentation.

D. Get a replacement card

Your bank will issue a replacement card with a new number. Update your card details for any recurring payments or subscriptions tied to the lost card.

E. Secure your account

Update your card’s PIN and online banking password for added security. Ensure no other banking or personal accounts have been accessed. Ensure your old card is fully deactivated, and your account is secure.
7. What precautions can I take to protect my card information when shopping online?
It is very important to protect your card information while shopping online to prevent fraud or unauthorized transactions. Here are some practical precautions with legal and security considerations:

A. Use Secure Websites

Check for HTTPS: The website’s URL should have “https://” instead of “http://” at the beginning, with ‘S’ signifying a secure connection. Shop on Trusted Sites: Only shop on trusted, reputable sites. Avoid suspicious and unknown sites.

B. Avoid Public Wi-Fi

Use Secure Networks: Avoid entering card details on public Wi-Fi. If necessary, use a Virtual Private Network (VPN) for added security.

C. Enable Two-Factor Authentication (2FA)

According to the Reserve Bank of India (RBI) guidelines, Indian banks provide two-factor authentication for online card transactions. Ensure that OTP (One-Time Password) or other 2FA methods are enabled for your transactions.

D. Use Virtual Cards or Payment Wallets

Virtual Cards: Some banks offer virtual debit or credit cards for online shopping. These are temporary and minimize exposure of your actual card details.
Digital Wallets: Use wallets like Paytm, Google Pay, or Apple Pay to add an extra layer of security.

E. Do not save card details online

RBI Tokenisation Rules, 2022: As per the RBI rules, your merchant in India cannot store your card details. It uses tokenization to replace sensitive card details with a unique identifier for safety.

F. Be cautious of phishing scams

Do not share your card details via email, phone, or text messages, even if the request appears to be from a trusted source. Verify links before clicking, as fraudulent sites often mimic legitimate websites.

G. Other measures

Use unique, complex passwords for online shopping accounts. Avoid reusing passwords across platforms. Establish daily or transactional limits on online purchases. Most banks provide the ability to set a daily or transactional limit for online purchases. Regularly update your browser and operating system to close holes in security.

H. Use RBI’s Grievance Mechanism

If you suspect unauthorized use, report it immediately. Indian consumers can also use the RBI Ombudsman Scheme for unresolved complaints.
By following these precautions with vigilance, you can significantly reduce the risk of online fraud.
If you believe you have been caught by an SMS phishing (smishing) scam because you clicked a link, take the following steps immediately to limit exposure.

A. Disconnect from the Internet

Temporarily disable Wi-Fi and cellular data to avoid any further unauthorized access or data theft.

B. Do not provide any information

If a webpage asks to input personal info or financial info, do nothing at all about that.

C. Run a virus scan on your device

Just download and activate an antivirus program, or app. This app should be designed to find harmful programs like malware, worms etc., on your device.

D. Change all passwords

If you think you have been targeted, change your email and banking passwords and all other sensitive account passwords. Use a different password for each account and turn on two- factor authentication (2FA) wherever possible.

E. Monitor your financial transactions

Check your bank and credit card statements for unauthorized transactions. Report to the bank to mark the risk as flagged.

F. Report the Incident

If the suspicious link involved financial information, notify your bank immediately to secure your account and prevent unauthorized transactions. File a complaint with the Indian Cyber Crime Reporting Portal at https://cybercrime.gov.in.

G. Block and delete the message

Block the sender’s number to prevent any further messages and delete the suspicious SMS.

H. Legal Protection in India

Under Information Technology Act, 2000, Smishing is a cybercrime, and an individual can file a complaint under the following provisions:
Section 66C: Punishes for identity theft as perpetrators often impersonate legitimate entities like banks, government bodies or other service providers.The act is punishable with imprisonment and fine.
Section 66D: Punishes for cheating by impersonation through electronic communication or computer resources. Punishment may range from fine to imprisonment.
9. What resources are available for individuals affected by cyber bullying?
If you are suffering from cyberbullying, there is a range of support available and legal action can be taken. The following may be implemented:

A. Quick responses

Make sure to use block or report facilities on the place where the bullying activity is happening. Save and take screenshots of messages as evidence of harassment to bring it into your report

B. Support Help Lines

National Cyber Crime Helpline: Dial 1930 for immediate support or visit the National Cyber Crime Reporting Portal at https://cybercrime.gov.in.
Childline India: Dial 1098 for children under the age of 18 to report cyberbullying Women Helpline (181) for women who face online harassment.

C. Legal Provisions

Information Technology Act, 2000:
Section 66C: Punishes identity theft and online impersonation.
Section 67: Punishes publishing or transmitting obscene material on or over any computer resource.
Bhartiya Nyaya Sanhita (BNS):
Section 351: Punishes criminal intimidation via anonymous communication.
Section 79: Addresses acts intended to insult a woman’s modesty.

D. Reporting Mechanisms

Cyber Crime Reporting: Use the link https://cybercrime.gov.in to file complaints, including anonymous filing.
Social Media Platforms: Most platforms like Facebook, Instagram, and Twitter have in-built tools to report abusive behaviour.
Police Station: File an FIR at your local police station, and include the evidence collected.
10. How can I report a Cybercrime in India
There are various ways you can report a cybercrime in India. Here are the main steps to report a cybercrime in India:

A. File a Complaint with the Cyber Crime Cell

You can file a report with the Cyber Crime Police Station in your area. Many cities in India have dedicated cybercrime police stations where experts can handle such cases.

B. National Cyber Crime Reporting Portal (Cyber Crime Helpline)

The National Cyber Crime Reporting Portal is an official reporting platform launched by the Government of India for cybercrimes.

C. Dial 112 or 100 Emergency Number to reach the Police

If you are in an immediate dangerous situation, or you find yourself as a victim of cyberbullying or harassment, you can contact emergency numbers 112 or 100. You can have your complaint taken by the police and transmitted to the cybercrime desk, or the police can take appropriate and urgent action depending on the circumstances.

Steps:

Proceed to the website where the crime took place. Look for report abuse, fraud, or violation. Give all information and evidence related to the crime.

Steps:

Contact your bank’s helpline number or visit the nearest branch. Report the suspicious activity and request them to block your account or cards. File an FIR with the police as well.

G. Report to CERT-In (Computer Emergency Response Team)

CERT-In is the security agency where the cyber incident takes place. If you feel your personal or organizational security is in danger, like data breaching or any type of online attacks, you may report the same to CERT-In.

H. Helpline for Cybercrime Reporting

Cybercrime helpline can be reached at 1930, which is the Government’s dedicated helpline to report cybercrimes with the steps to file a complaint. This helpline will guide you through every step of filing a complaint and also clarify your rights.
11. What should I do if I am a victim of revenge porn?
If you are a victim of revenge porn, you should act quickly and decisively to protect your rights, privacy, and mental well-being.

A. Document evidence

Take screenshots of the explicit content, including URLs, timestamps, and usernames. Note any messages, threats, or correspondence related to the incident. Avoid responding to the perpetrator, as this could escalate the situation.

B. Report the content

Report the explicit content to the platform where it has been posted. Most platforms like Facebook, Instagram, Twitter, and YouTube have policies against non-consensual content and mechanisms to remove it. Use the contact form or abuse reporting system to notify the website administrator. Request immediate takedown of the content.

C. File a Complaint with Authorities

File a complaint at your local cybercrime cell or through the National Cyber Crime Reporting Portal: https://cybercrime.gov.in. Attach all evidence, like screenshots, URLs, and any correspondence with the person committing the crime.
File an FIR under:
Section 77, Bharatiya Nyaya Sanhita, 2023: Punishes the act of voyeurism
Section 66E, Information Technology Act, 2000: Penalizes violation of privacy
Section 67, Information Technology Act, 2000: Deals with transmitting obscene material.
12. Is it normal for employers to ask for payment during the job application process? (Online Job frauds)
No, it is not normal or legally acceptable for legitimate employers to request payment as part of the application process for job vacancies. Solicitation of money for job applications, interviews, training, or onboarding often means online job scams. Here is the explanation with the legal perspective:

A. Legal and Ethical Standards

Real employers do not demand payments for application fees, interview scheduling, training materials, job offer guarantee etc. Any such request is unethical and could be illegal as well. Offering job employment in exchange for money without having any valid intentions is an offense under the Indian laws. Misrepresentation of a company’s association or employment opportunities for personal gain is a punishable offense.

B. Legal protections against online job frauds in India

Bhartiya Nyaya Sanhita (BNS), 2023: Section 318 (Cheating): Deceiving someone fraudulently to part with money or property, attracts imprisonment or a fine, or both.
Information Technology Act, 2000: Section 66D (Impersonation using Computer Resources): Using internet for impersonation of genuine companies and cheating the job seekers.
Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959:
Those listed with government employment exchanges cannot collect money from the applicants for job vacancies, and violation of the same will attract legal action. Consumer Protection Act, 2019:
Prevents misrepresentation of services or misleading advertisements related to job opportunities. The victim can lodge complaints in consumer courts seeking redressal and compensation.

C. What to do if you encounter online job fraud

Do Not Pay: Never pay any money for getting a job or interview opportunity.
Report the Scam: Cyber Crime Portal at https://cybercrime.gov.in
Police Complaint: Lodge a First Information Report (FIR) with the local police.
Verify Employers: Look for the company’s website and job postings.
Verify the company’s registration on websites such as the Ministry of Corporate Affairs (MCA).
13. What should I do if I receive a suspicious call asking for personal information?
If you receive a suspicious call asking for personal information, you should be cautious to avoid fraud or identity theft. Here is a step-by-step guide on how to handle such situations effectively:

A. Do not share personal information

Legitimate organizations hardly ever ask for personal information over the phone such as passwords, PINs, or OTPs. Sharing any such information will probably result in fraud or identity theft. Tell the caller you will verify the request with the organization yourself. Politely refuse to share any details with them.

B. Verify the caller’s identity

Ask for the caller’s name, department, and contact number. Do not use the number they provide; instead, use the official contact details of the organization, available on their website or any official documentation shared by them. Call the organization directly to confirm whether the request was legitimate.

C. Collect and preserve evidence

Note the caller’s phone number, time of the call, and details of the conversation. If the call was recorded automatically by your phone, save the call recording for evidence. Evidence can help authorities track down fraudsters.

D. Report the suspicious call

Report to Authorities: Lodge a complaint at https://cybercrime.gov.in.
File the complaint at the nearest police station.
Report to Telecom Operators: Block the caller’s number and lodge a complaint with your telecom service provider. Make use of DND (Do Not Disturb) services for decreasing spam calls.
Report to Relevant Organizations: If the caller claimed to represent a bank, company, or government agency, inform the organization about the call.

E. Legal Protections in India

Bhartiya Nyaya Sanhita (BNS), 2023:
Section 319 (Cheating by impersonation): This Section deals with the act of cheating by pretending to be someone else to induce another person to share information, money, or property.
Section 318 (Cheating and dishonestly inducing delivery of property): Punishes acts where a person deceives with the object of fraudulently inducing delivery of any movable property.
Information Technology Act, 2000:
Section 66D (Cheating by Personation using Computer Resources): Penalizes fraud via electronic communication, including phone calls.
14. Is it safe to provide my PIN/ OTP/ CVV/ Account number/ Card details over the phone if the caller claims it is necessary for verification?
No, it is not safe to give your PIN, OTP, CVV, account number, or card details over the phone, even if the caller claims it is for verification purposes. Legitimate organizations, especially banks and financial institutions, never ask for sensitive details over the phone.

A. What to do when someone demands sensitive details

Politely refuse and tell them you cannot disclose that information on the phone. Ask for the caller’s name, employee ID, and contact details. Independently verify by calling the official helpline or visiting the organization’s website.
If the call seems fraudulent, report it immediately to your bank or financial institution, Cyber Crime Portal, and the Police station in your local area.

B. Legal Protection

Bhartiya Nyaya Sanhita (BNS), 2023:
Section 319 (Cheating by Impersonation): Punishes individuals impersonating others to commit fraud.
Section 318 (Cheating and Dishonestly Inducing Delivery of Property): Covers deceit to gain sensitive information or money.
Information Technology Act, 2000:
Section 66C (Identity Theft): Punishes fraudsters for stealing and misusing digital identity.
Section 66D (Cheating by Personation using Computer Resources): Specifically addresses fraud committed over phone or online communication.
15. What steps should I take if someone has created a fake account using my identity?
If somebody has developed a fake account based on your identity, acting as quickly as possible would be essential to secure your reputation and to prevent illegal misuse of the data.

A. Collect and preserve evidence

Take screenshots of the fake profile, including the bio, profile picture, posts, messages, and interactions. Note the account’s username, URL, and any other identifying details. Evidence is necessary when reporting the account to the authorities and the platform.

B. Report the fake account

Utilize the platform’s reporting tool to report the account which is pretending to be you. Access the profile, click on “Find Support or Report Profile”, and follow the prompts to report impersonation. Check if the platform’s help centre mentions the procedure to report impersonation. Submit identification documents if required by the platform to confirm your identity. File a complaint with the local police or the cybercrime cell at Cyber Crime Reporting Portal https://cybercrime.gov.in. Share the screenshots, along with any messages received and correspondence over the platform.

C. Report to your social network

Inform friends, family, and colleagues about the fake account so that they cannot be deceived or scammed. Request them to report the account as well; several reports speed up the platform’s action against the impersonator.

D. Legal Protection in India

Bhartiya Nyaya Sanhita (BNS), 2023:
Section 319 (Cheating by Impersonation): Punishes impersonation for deceptive purposes.
Section 356 (Defamation): Covers harm to your reputation due to the fake account.
Information Technology Act, 2000 Section 66C (Identity Theft): Punishes someone for fraudulent use of someone’s identity for unlawful purposes.
Section 66D (Cheating by Personation using Computer Resources): Specifically refers to impersonation through the web.
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