Practice area

Cyber Law & Cybercrime

Complaints, prosecution and defence in offences involving computers and online platforms: hacking, identity theft, sextortion, morphed images, online defamation and data misuse.

IT Act 2000 · BNS 2023 · BNSS 2023 · BSA 2023 · DPDP Act 2023

Overview

Cybercrime cases turn on digital evidence: logs, devices, platform records and transaction trails. The firm acts for complainants seeking registration and investigation of cyber offences, and for persons accused of them, from the complaint stage to trial. It also advises individuals and businesses on information-security incidents and their legal obligations.

Statutory framework

  • Information Technology Act, 2000 — Sections 43 and 66 (unauthorised access and damage), 66C (identity theft), 66D (personation), 66E (privacy), 67 and 67A (obscene material), and 72A (disclosure of personal information).
  • Bharatiya Nyaya Sanhita, 2023 — cheating, forgery, extortion, criminal intimidation and defamation committed online.
  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 173 (FIR and Zero FIR), Section 175(3) (Magistrate directing investigation) and Section 528 (High Court’s inherent powers).
  • Bharatiya Sakshya Adhiniyam, 2023 — Sections 61 and 63 on electronic evidence.
  • Digital Personal Data Protection Act, 2023 and its Rules — for data breaches and misuse of personal data.

Common situations

  • Hacked email, social media or WhatsApp accounts used to cheat contacts.
  • Sextortion, morphed images and threats to publish private material.
  • Fake profiles and impersonation.
  • Online defamation and harassment.
  • Data taken by former employees or business partners.

How the process usually runs

  1. Preserve evidence before content is deleted, with the URLs, dates and device details.
  2. Complaint on cybercrime.gov.in or at the cyber police station, and an FIR for cognizable offences.
  3. Platform action: takedown and account-recovery requests to the intermediary.
  4. Court remedies: an application under Section 175(3) BNSS where the police do not act, or, for the accused, bail and quashing petitions.
  5. Trial, with electronic evidence proved through the certificate required by Section 63 BSA.

Documents to keep ready

  • Screenshots with visible URLs, usernames, dates and times
  • Links to the offending content or profile
  • The device used, kept unaltered where possible
  • Complaint acknowledgement and FIR copy
  • Any emails or messages from the platform

Frequently asked questions

Can I file a complaint at any police station?

Yes. Under Section 173 BNSS a Zero FIR can be registered at any police station and transferred to the one with jurisdiction. Cyber complaints can also be filed online at cybercrime.gov.in.

Are screenshots enough as evidence?

Screenshots help, but courts need electronic records proved in the manner set out in the Bharatiya Sakshya Adhiniyam, including a certificate under Section 63. Keep the original device and data.

Someone is threatening to post my private photos. What should I do?

Do not pay or negotiate. Preserve the messages, report on cybercrime.gov.in or call 1930, and ask the platform to remove the content. Legal remedies are available against the person making the threats.

Office

S & S Legal Advisors LLP

1st Floor, Priyadarshani Market, Khudiram Pally Road, Ward 11, Hakim Para
Siliguri, West Bengal – 734001

+91 94740 89541
sandslegaladvisors@gmail.com

Monday to Saturday, 8:30 AM – 5:30 PM

Before you contact the office

  • This page is general information about the law, not legal advice for your situation.
  • Reading it or contacting the office does not create an advocate–client relationship.
  • Never share OTPs, PINs, passwords, card numbers or full account numbers with anyone, including the office.
  • No outcome can be promised in any matter.

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