In a decisive move against a rapidly spreading cyber menace, the Supreme Court of India on Monday mandated a sweeping, nationwide investigation by the Central Bureau of Investigation (CBI) into cases of "digital arrest." The apex court expressed grave concern over this sophisticated form of online extortion, which has allegedly siphoned off over Rs 3,000 crore from victims, particularly targeting senior citizens.
What is a 'Digital Arrest' and the Court's Directives
Digital arrest is an emerging and terrifying cybercrime where fraudsters, posing as police officers, court officials, or government agency representatives, contact victims via audio or video calls. They falsely accuse individuals of being involved in illegal activities like money laundering or drug trafficking. The criminals then psychologically imprison their victims, keeping them on call and under threat, effectively placing them under a "digital arrest." They coerce the terrified individuals into paying large sums of money by threatening severe legal consequences, arrest, or harm to their family.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi took suo motu cognizance of the issue based on a complaint from an elderly couple in Haryana. The bench directed that all states, including opposition-ruled West Bengal, Tamil Nadu, Karnataka, and Telangana, must grant the CBI specific consent to probe these cases within their jurisdictions. This order circumvents the hurdle created by several states that have withdrawn general consent for CBI operations, alleging political misuse by the central government.
Cracking Down on the Fraud Network
The Supreme Court's orders were comprehensive, aiming to dismantle the entire ecosystem enabling such fraud. The bench instructed the CBI to seek assistance from Interpol to trace cybercriminals operating from offshore locations and tax havens. In a significant step, the court also ordered the CBI to investigate bank officials suspected of being "hand-in-glove" with the fraudsters by facilitating "mule" accounts.
These mule accounts, opened in the names of unsuspecting individuals or accomplices, are used to receive and launder the illicit money, making it extremely difficult for authorities to trace the funds back to the actual criminals. To improve coordination, the court directed all states and Union Territories to establish regional and state-level cybercrime coordination centres to work seamlessly with the central agency.
Questioning RBI and Involving Central Ministries
In a pointed query, the Supreme Court bench questioned the Reserve Bank of India (RBI) on why advanced technologies like Artificial Intelligence (AI) and machine learning were not being deployed to swiftly identify and freeze bank accounts linked to cyber fraud. The court issued a formal notice to the central bank, seeking an explanation for this apparent gap in the defensive arsenal against financial cybercrime.
Furthermore, the court asked Solicitor General Tushar Mehta to present the views and proposed action plans of key Union ministries, including Home Affairs, Telecom, Finance, and Electronics & Information Technology, on formulating a robust strategy to tackle the growing threat of cybercrime. This highlights the court's view that a multi-departmental, whole-of-government approach is essential.
The Supreme Court had previously, on November 3, expressed shock at the massive scale of these scams. Reiterating its stance, the bench emphasized that such crimes exploiting the trust and fear of citizens, especially the elderly, must be dealt with "an iron hand." The latest set of directives marks a concerted judicial push to mobilize India's investigative and financial regulatory machinery against digital predators.
