How To Initiate for the Prosecution

There are certain mandatory steps that should be followed in the hierarchical manner in order to file a complainant in the Indian Court for the prosecution procedures. Here are the general steps:

1. Gather all of the available evidences & save snapshots of evidence.

2. Immediately contact an expert cyber law for assistance in preparing the formal notice for prosecution.

3. Make a background history of facts chronologically as per the available facts

4. Write down names, physical and internet addresses of suspected accused.

5. File a draft of complaint and possible remedies.

6. Take the assistance of Cyber law expert and police to gather further necessary evidence such as tracking & tracing of the IP in case of e-mails and search, seizure or arrest as per the specific condition.

7. Cyber forensic study and report of the network, hardware, server or equipment related to the Cyber Crime.

STEPS TO FILE A COMPLAINT

1. Trial

2. Contents of charge

3. issue of process - summons, warrant

4. Examine the witnesses

5. examine the complainant on oath

6. Initiation of Criminal Proceedings-cognizance of offenses by magistrates

STEPS TO FILE A COMPLAINT

All the complaints related to cyber crime should be addressed to the in-charge of the cyber crime cell as soon as possible. In order to file a complaint proclaiming commission of a cyber crime, the following documents should be provided:

I. Following information/documents should be provided to file a complaint in the case of hacking:

1. Server Logs.

2. A copy of hacked web page in soft copy and hard copy format, if your website is hacked.

3. Soft copy of the original data and compromised data, if data is compromised on your computer, server or any other network equipment.

4. Complete details of access control mechanism i.e which persons/organization has accesses and what kinds of access on the compromised system.

5. List of suspects - if the victim has suspect on anyone.

6. Detailed answers to following questions :

What ? (What is compromised - data, website or anything else)

Who? (Who might have indulged in compromising the system)

when? (When the system was compromised - expected date & time)

Why? (Why the system might have been compromised)

Where? (Where is the impact of attack-identifying the target system from the network)

How many? (How many systems are compromised)

II. Following is the list of steps that should be taken in case of vulgar e-mail, e-mail abuse, extortion etc.

1. Extract the extended headers of the offending e-mail

2. Submit soft copy as well as hard copy of the offending e-mail.

3. Do not delete the offending e-mail from your e-mail box.

4. Save the copy of offending e-mail on your system's hard drive.