Supreme Court Takes Unprecedented Stand Against Digital Arrest Scams
In a significant development addressing the alarming rise of cyber fraud, the Supreme Court of India has directed the central government to consider ratifying the United Nations Convention against Cybercrime. This crucial intervention came during hearings concerning the escalating 'digital arrest' scams that have victimized numerous citizens across the country.
International Cooperation Essential to Combat Cybercrime
Justice Joymalya Bagchi, part of the two-judge bench hearing a suo motu case on digital arrest fraud, specifically questioned Solicitor General Tushar Mehta about India's stance on the UN treaty. "To the best of our knowledge, there is a United Nations resolution – the UN Convention against Cybercrime – has our country ratified it?" Justice Bagchi inquired during the November 17, 2025 proceedings.
Upon learning that India had not yet ratified the international agreement, Justice Bagchi emphasized the critical need for global collaboration, stating, "Mr Solicitor, please look into that because without the collective efforts from all the law enforcement agencies across the world, we will never be able to check cybercrimes. That is one of the important and prime needs to track the money trail."
Strict Bail Denial in High-Value Fraud Case
The bench delivered an extraordinary order regarding a specific digital arrest case where a 72-year-old woman lawyer was cheated of Rs 3.29 crore. The court explicitly directed that the accused in this substantial fraud should not be granted bail until the investigation reaches its logical conclusion.
This decisive action came after Advocate Vipin Nair, representing the Supreme Court Advocate on Records Association (SCAORA), highlighted that the accused might soon be released as the 90-day period for filing chargesheets was approaching its end. "The accused shall not be released on bail by any court till the investigation is taken to a logical conclusion," the bench firmly ordered.
Justice Kant acknowledged the unusual nature of this directive, remarking that "This matter may require some unusual orders." Solicitor General Tushar Mehta concurred, describing the situation as "an unusual phenomenon, needs unusual intervention."
National Response to Organized Cyber Fraud
The Supreme Court's proactive approach began on October 17, 2025, when it took suo motu cognizance of a complaint filed by a senior citizen couple from Ambala, Haryana. The elderly victims reported being defrauded of Rs 1.05 crore by digital arrest scammers who threatened them using forged orders supposedly from the Supreme Court, Bombay High Court, and Enforcement Directorate.
In response to what it described as a "colossal increase in incidents of cyber frauds" nationwide, the court proposed consolidating all digital arrest cases from various states under the Central Bureau of Investigation's jurisdiction. The court has sought detailed information about all registered cases from respective state authorities.
The SCAORA has subsequently filed an application to become a party to the case and assist the court in addressing this growing cyber threat affecting citizens across India.
