The Supreme Court has ordered the CBI to urgently investigate digital arrest scams targeting citizens, especially senior citizens. Authorities including RBI and telecom departments have been directed to assist in preventing further frauds.
New Delhi: The Supreme Court of India on Monday directed the Central Bureau of Investigation (CBI) to begin a detailed probe into digital arrest scams affecting citizens across the country.
The Bench comprising Justices Surya Kant and Joymalya Bagchi highlighted the rising threat of cybercrimes and emphasised that digital arrest scams require immediate attention.
During the hearing, the Bench noted three primary types of cybercrime identified by the amicus curiae: digital arrest scams, investment scams, and part-time job scams. These cybercrimes often involve extortion or tricking victims into depositing large sums of money, only to be defrauded later.
The Court observed the urgent need for investigation into digital arrest scams and issued clear directions for the CBI.
The Court stated,
“Digital arrests scams require immediate attention of the premier investigating agency of the country. Therefore we proceed with a clear direction that CBI shall firstly investigate cases on digital arrests scam. The other categories of scams shall be taken up in the next stages,”
To strengthen the probe, the Supreme Court issued several important directions:
- The CBI will have full authority to investigate the role of bankers under the Prevention of Corruption Act, particularly where bank accounts are used for digital arrest scams.
- The Reserve Bank of India (RBI) has been requested to advise the Court on whether artificial intelligence (AI) or machine learning could be employed to detect suspicious accounts and freeze proceeds of crime.
- Authorities under the Information Technology Intermediary Rules 2021 must cooperate with the CBI whenever required during the investigation.
- States that have not yet granted consent to the CBI for investigations within their jurisdiction must do so immediately, allowing the agency to conduct a comprehensive, pan-India probe.
- Considering the scale of these crimes and the possibility of cross-border involvement, the CBI may seek assistance from Interpol as necessary.
- If telecom companies display negligence in issuing SIM cards or multiple SIMs under the same name, the Department of Telecom must submit proposals to the Court to prevent such misuse.
- States are instructed to rapidly establish State cybercrime centres. Any obstacles to this must be reported to the Court.
The Supreme Court initiated this suo motu case in October to address the increasing prevalence of digital arrest scams in India. Since the case began, the Court observed a rise in reported incidents.
The Bench stated,
“No sooner cognizance was taken, several victims have emerged and impleadment applications have been filed. Pursuant to our earlier directions, it is revealed that several FIRs have been registered in different States. The gravity and enormity of the crime can be judged by the fact that most of the States in one voice has stated that most of the time senior citizens have been targeted by the fraudsters by various means,”
The Court further noted that fraudsters continuously invent new methods to deceive people.
It added,
“Fraudsters continue to coin different terms to defraud. In part time jobs scam the victims are lured to perform free tasks like posting positive reviews, etc. and when the right stage come, victims are made to pay large amounts,”
The Supreme Court emphasised that cases targeting senior citizens must be investigated as a priority due to the vulnerable nature of the victims.
During the previous hearing, the Bench expressed shock that cyber frauds, particularly digital arrest scams, had led to the extortion of nearly ₹3,000 crores from unsuspecting people.
The suo motu case was initiated after a senior citizen couple wrote to the Supreme Court reporting that they had been defrauded of ₹1.5 crore between September 1 and 16 by scammers impersonating officials from the CBI, Intelligence Bureau, and judiciary.
These fraudsters contacted the couple via phone and video calls and even displayed fake Supreme Court orders to threaten them into making payments.
Following the complaint, two FIRs were registered with the cybercrime branch in Ambala, revealing a well-organised network targeting senior citizens. The Court also considered media reports indicating that similar scams were occurring across multiple States.
On October 17, it sought responses from the Central government and the CBI and requested assistance from the Attorney General of India to address the issue effectively.
The Supreme Court’s directions aim to ensure a coordinated, nationwide approach to tackle digital arrest scams, protect senior citizens, and strengthen India’s cybercrime investigation framework.
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