I live in Pune and the person who committed cybercrime against me is located in Hyderabad. The crime was committed entirely online. Can I file a cybercrime complaint in Pune where I experienced the harm or must I file it where the accused is located or where the crime technically originated in Kolkata?
If you are a victim of cybercrime and the accused person lives in a different city while you are based in Kolkata, or vice versa, you can still file your complaint in Kolkata, since jurisdiction in cybercrime cases works quite differently from traditional territorial crime jurisdiction, largely because the nature of online offences means they can affect victims regardless of the perpetrator's physical location. Under the Information Technology Act, 2000, and as clarified through various judicial interpretations, jurisdiction for cybercrimes can be established at the place where the victim resides, where the effect of the offence was felt, or where the offending act or communication was received, not solely where the accused is physically located.
This flexibility exists precisely because cybercrime, by its nature, transcends physical geography, and requiring victims to file complaints only in the accused's home city would create significant practical barriers to justice, particularly since victims often don't even know the accused's actual location when the crime is committed anonymously or pseudonymously online. Kolkata's cybercrime cell, like similar units across India, is equipped to register and investigate complaints where the victim is based in Kolkata, regardless of where the offending IP address, account, or device is ultimately traced to.
Once your complaint is registered in Kolkata, investigation can proceed even if it eventually requires coordination with police in another jurisdiction where the accused is located, since the Bharatiya Nagarik Suraksha Sanhita provides mechanisms for inter-state investigation and, if necessary, transfer of custody or coordinated arrest procedures once the accused is identified and located.
Because navigating jurisdiction in cybercrime cases can involve some initial confusion about where and how to file, it helps to have clear guidance on the correct process from the outset. Aapka Legal Advice can help ensure your cybercrime complaint is filed correctly in Kolkata, regardless of where the accused is located.
If you're a cybercrime victim in Kolkata and the accused lives elsewhere, you don't need to worry about jurisdiction preventing your complaint. Speak with experienced criminal lawyers in Kolkata about filing your complaint correctly and effectively.