What happens if cyber complaint is filed under wrong category?
If an anonymous complainant files multiple complaints about the same incident with the same evidence on the National Cyber Crime Portal, but under the wrong category of crime due to a lack of legal and technical knowledge—and without reading the FAQs because of mental stress—yet does not file any false complaints (i.e., the incident, evidence, and provided information are accurate), and the victim is genuinely suffering from cyber fraud and has lost money, then What should the portal or investigating officer do? • Should all complaints received from that specific device be marked as duplicate/inactive? • Or should the complaints be re-categorized according to the evidence and information provided by the victim and proceed for further investigation?
Dear Client, The particular circumstance doesn’t call for a total negation of the complaint. The IT Act as well as the BNSS suggest that when multiple complaints are filed regarding the same, incident, the investigating officer is not bound to dismiss them merely on that reason. The officer must take initiative to recategorize the complaints into the right category and register a single FIR for the same. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
If you have filed multiple genuine complaints under the wrong category due to confusion or stress, do not worry. The cybercrime portal or police should treat them as one case, correct the category based on your evidence, and move forward with the investigation. You will not be penalized, what matters is that your complaint is real and truthful. For further legal assistance contact us on our helpline number.
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