The police in Dibrugarh refused to register my cyber fraud complaint. What is the proper procedure to escalate?

Detailed Legal Analysis

If the police in Dibrugarh have refused to register your cyber fraud complaint, you can escalate the matter through several steps as per Indian law.

Under Section 154 of the Code of Criminal Procedure, 1973 (CrPC), it is mandatory for the police to register an FIR if the information provided indicates the commission of a cognizable offense. Cyber fraud falls under this category. Here are the steps to escalate your complaint:

• Request a Written Refusal: Ask the police for a written statement explaining why your complaint was not registered. This document can be useful for further escalation.
• File a Written Complaint: Draft a detailed written complaint addressed to the Officer in Charge of the police station. Include:
  • Your personal details (name, contact information).
  • Details of the incident (date, time, location, and nature of fraud).
  • Any evidence you have (screenshots, emails, etc.).
• Approach Senior Police Officials: If your complaint is still not registered, escalate to higher authorities:
  • Superintendent of Police (SP) or Deputy Superintendent of Police (DSP) of Dibrugarh.
  • Provide them with a copy of your original complaint and the police's refusal.
• File a Complaint with the Cyber Crime Cell: You can also approach the Cyber Crime Cell in Assam. They have the authority to investigate such cases:
  • Visit the official website of the Assam Police for contact details.
  • Submit your complaint online through the National Cyber Crime Reporting Portal (cybercrime.gov.in).
• Approach the Judicial Magistrate: If all else fails, you can file a petition before the local Judicial Magistrate under Section 156(3) of the CrPC, seeking direction for the police to register your FIR.
• Consider Legal Action: If you feel harassed or denied justice, you can consult a lawyer to explore options for filing a writ petition in the High Court or seeking a complaint under the Indian Penal Code (IPC) for negligence by public servants.

It's essential to keep documentation of all your communications and complaints. Additionally, familiarize yourself with the Information Technology Act, 2000, particularly Section 66, which deals with computer-related offenses, to strengthen your case.