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Tips on taking Legal recourse in cybercrime cases

Tips on taking Legal recourse in cybercrime cases

  • In case a child becomes a victim of online sexual abuse the matter must be immediately reported to the Cyber Crime Cell nearest to the place where the victim resides.
  • All electronic evidence must be gathered and stored safely for investigation purposes or to pursue legal actions. It is advisable to consult a cyber law expert for professional guidance at the earliest.The cyberlaw expert will assist in drafting the criminal complaint and advice on recommended legal course of action. You may also require assistance of a cyber forensic expert and/or child psychologist to deal with the situation.
  • The social media website or internet service provider through which such crime is being perpetrated by the criminal must be immediately informed in writing to block, disable or delete content and preserve a copy for investigation purposes.
  • An Internet Service Provider under Section 79 of the I.T. Act r/w the I.T. Intermediary Guidelines Rules,2011 is under an obligation to take a necessary action based on the complaint received within 36 hours of the receipt of the complaint.
  • In addition to criminal complaint, in defamation cases or that of loss of data or destruction to a computer or computer resource or any other loss covered by Section 43 of IT Act,2000, Compensation can be claimed under Section 43 of the IT Act,2000 by filing a claim before Adjudicating Authority appointed under the IT Act,2000 .