How To File A Complaint Against Mobile Hacking?

In today’s digital age, mobile phones store everything right from personal photographs to bank details. But what if somebody gains unauthorized access to your phone? Mobile hacking is a privacy infringement and can also lead to fraud, blackmail, and identity theft. However, Indian law provides several ways to go about reporting such crimes and seek justice. 

This article guides you through the legal steps of filing a complaint against mobile hacking in India, explaining laws that protect you, as well as key judicial decisions that have shaped the development of cybercrime laws.

What the Law Says: How India Treats Mobile Hacking?

You’re not helpless. Mobile hacking is a criminal offence under Indian law, and several sections of the Information Technology Act, 2000 and Indian Penal Code, 1860/Bhartiya Nyaya Sanhita, 2023 can be invoked.

Here’s what we often use in legal complaints:

• Section 66 (IT Act): For general hacking (3 years’ jail or ₹5 lakh fine)
• Section 66C: For identity theft using OTPs or passwords
• Section 66D: For impersonation using mobile or digital tools
• Section 66E: For capturing or sharing private images without consent
• Section 72: If private information was leaked

Step-by-Step Complaint Process

Step 1: Gather Proof Like a Pro

Collect:

• Screenshots of suspicious texts or notifications
• App installation changes
• Bank/SMS records showing fraud
• Device info: IMEI, mobile brand
• Any login alerts or IP logs (if tech-savvy)

Pro Tip: Keep a digital and physical copy of everything.

Step 2: File a Complaint: Online or Offline

You’ve got two options, and we’ve seen both works effectively.

A. Online via Cyber Crime Portal

• Go to: cybercrime.gov.in
• Choose “Report Other Cyber Crime”
• Log in with OTP
• Fill in the details and upload evidence
• Save your complaint number for tracking

Victims in metros like Delhi or Mumbai get faster online responses, while in smaller towns, follow-up may be needed.

B. Offline at a Cyber Crime Cell

If you prefer in-person support (which many clients do), visit your local Cyber Crime Police Station.

Bring a written complaint addressed to the Cyber Cell Head. Include:

• Full name and contact info
• Timeline and description of the incident
• Device details and IMEI number
• All screenshots and supporting documents

Don’t forget to get an acknowledgment receipt.

Step 3: Ask for FIR Registration (If needed)

If your case involves:

• Money stolen
• Threats or blackmail
• Sensitive personal leaks

Then we recommend the clients requesting the police to file an FIR under relevant IPC/BNS and IT Act sections.

What if they refuse?

• Escalate to the Superintendent or Commissioner
• File a complaint with a Magistrate under Section 156(3) CrPC/ Section 175 BNSS that help clients with in tough cases

Step 4: Report to CERT-In (Optional)

For serious cases (especially where malware or national apps are involved), also report the incident to:

• Website: cert-in.org.in
• Email: incident@cert-in.org.in

CERT-In has helped some clients’ trace attacks linked to foreign IPs and recommend next steps.

“Will I Get Justice?” Remedies You Can Claim

If your case is legally sound and well-documented, you can expect the following remedies:

• Criminal action against the offender
• Compensation under Section 43 and 66 of the IT Act
• Data recovery help from police or CERT-In
• Civil damages suit, especially for financial or reputational harm

There are clients who receive compensation, recover lost money, and even win injunctions against stalkers or abusers using hacked data.

Real Cases That Prove Legal Action Works

• Suhas Katti Case (2004): First cybercrime conviction in India for harassment through digital means
• Sony India Credit Card Fraud Case: Hacker used stolen mobile-linked card, caught through digital footprint tracing
• Amitabh Bagchi Case: Court confirmed that mobile recordings are valid evidence under Indian Evidence Act

What You Can Do Today to Avoid Being Hacked?

Usually, most clients prevent re-hacking by:

• Using strong passwords and setting Two-Factor Authentication (2FA)
• Not clicking on suspicious links or installing unknown apps
• Keep apps and OS updated
• Use trusted antivirus tools
• Not using public Wi-Fi for banking or other sensitive activities 
• Check app permissions monthly
• Report SIM cloning or sudden network drops immediately

Why Legal Action Sometimes Fails and How to Avoid It?

Common pitfalls we’ve seen:

• No evidence preserved
• Delays in reporting
• FIR not followed up
• Hacker using foreign VPN or anonymous apps
• Lack of awareness on escalation options

Advice: Act fast. Preserve every shred of proof. Escalate if needed. Cybercrime may seem invisible, but the law is catching up.

Your Legal Rights, Backed by India’s Judiciary

Due to court updates and technology reforms:

• Electronic evidence (Sections 65A and 65B of Indian Evidence Act/ Sections 62 and 63 of Bhartiya Sakshya Adhiniyam) is valid in court
• Dedicated cybercrime cells exist in most major cities
• Magistrates can direct police to act when they hesitate

Final Takeaway

If your phone has been hacked, don’t feel alone or powerless. Going through the filing of FIRs, court proceedings, and compensation claims have been the experiences of dozens of victims over the years.

Your first step? Report the incident immediately, preserve evidence, and seek legal help if required. The earlier you act, the more your chances for justice! 

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Is mobile hacking a criminal offence in India?

Yes. Mobile hacking is punishable under the Information Technology Act, 2000 and the Indian Penal Code/Bhartiya Nyaya Sanhita, with penalties including imprisonment and fines.

2. Can I file a complaint for mobile hacking online?

Yes. You can file a complaint online at www.cybercrime.gov.in by selecting “Report Other Cyber Crime” and uploading evidence of the hacking.

3. Can I get compensation if someone hacked my phone?

Yes. Victims can claim monetary compensation under Section 43 and Section 66 of the IT Act, and may also file a civil suit for damages if reputational or financial loss occurred.