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

Detailed Legal Analysis

If the police in Rohtak refuse to register your cyber fraud complaint, you can escalate the matter by following a systematic procedure as outlined under Indian law.

Under the Indian Penal Code (IPC) and the Information Technology Act, 2000, it is mandatory for police to register a First Information Report (FIR) for cognizable offenses, including cyber fraud. Here are the steps you can take to escalate this issue:

• Approach the Senior Officer: Go to the local police station and request to speak with the Station House Officer (SHO) or a senior officer. Provide them with all relevant details and request registration of your complaint.
• File a Written Complaint: If the police still refuse to register your complaint, draft a written complaint addressed to the Superintendent of Police (SP) of Rohtak. Include:
  • Your personal details (name, address, contact number).
  • A detailed account of the incident, including date, time, and modus operandi of the fraud.
  • Any evidence you may have, such as screenshots or transaction details.
• Approach the Cyber Crime Cell: Contact the Cyber Crime Cell in your state. You can file a complaint online or visit their office. The Cyber Crime Cell has the authority to take action in cyber-related offenses.
• File a Complaint with the District Consumer Forum: If the fraud involved a service or product, you may also file a complaint with the District Consumer Forum under the Consumer Protection Act, 2019.
• Contact Higher Authorities: If you do not receive a satisfactory response, you can escalate the issue further by contacting:
  • The Director General of Police (DGP) of Haryana.
  • The National Cyber Crime Reporting Portal (https://cybercrime.gov.in).
• File a Writ Petition: As a last resort, you may approach the High Court and file a writ petition seeking enforcement of your rights and directions to the police to register your FIR.

Relevant laws that support your complaint include:

• Indian Penal Code (IPC) Sections: Relevant sections dealing with fraud, theft, and impersonation.
• Information Technology Act, 2000: Sections 66 (computer-related offenses) and 66D (cheating by personation using computer resources).

By following these steps, you can effectively escalate your complaint regarding cyber fraud in Rohtak.