The Supreme Court, taking suo motu cognizance of a case related to digital arrest, has directed the CBI to seek Interpol's assistance to reach cybercriminals operating from tax haven countries abroad.
New Delhi: The Supreme Court has now adopted a very strict stance regarding the rapidly increasing digital arrest cybercrimes in India. The apex court, taking suo motu cognizance of this serious cyber fraud, has instructed the Central Bureau of Investigation (CBI) to seek Interpol's help to reach cybercriminals operating from abroad. The court clearly stated that many criminals are targeting Indian citizens from tax haven countries, and international action against them has now become imperative.
In digital arrest fraud, criminals impersonate officials from the police, CBI, ED, or any government agency, intimidating people through video calls and forcing them to transfer money under the guise of “digital arrest.” Thousands of people across the country have lost their hard-earned money in such cases.
Investigation to reach foreign cybercriminals
The Supreme Court clearly directed that to reach such criminals, the CBI should utilize an international investigation network in cooperation with Interpol. The court recognized that domestic-level actions alone are insufficient to curb these organized cyber gangs. Apprehending these criminals is proving difficult without international cooperation.
The court also issued strict directives to the Department of Telecommunications (DoT). The Supreme Court stated that it must be ensured that multiple SIM cards are not issued to a single person or entity, as these very SIMs are being widely used in cybercrimes. Often, hundreds of SIMs are activated based on fake KYC, which are then used in scams like digital arrest. The court emphasized that telecom companies must strictly monitor this.
Order to establish Cybercrime Coordination Centers in States
Emphasizing the need for better coordination to combat cybercrimes, the Supreme Court directed states and Union Territories to establish regional and state-level Cybercrime Coordination Centers. This will facilitate better coordination among the police, central agencies, and technical institutions.
The Supreme Court also asked Solicitor General Tushar Mehta to present suggestions from all relevant departments, including the Ministry of Home Affairs, Department of Telecommunications, Ministry of Finance, and Ministry of Electronics and Information Technology, before the court to formulate a joint national strategy on cybercrime.
The court also clarified that all states, Union Territories, their police agencies, and the CBI will have full liberty to freeze fraudulent bank accounts linked to digital arrest. This will enable the prevention of funds being withdrawn by criminals. Additionally, the Supreme Court ordered the CBI to investigate bank officials suspected of assisting fraudsters in opening mule accounts.
Bankers to be investigated under Prevention of Corruption Act
Granting more powers to the CBI, the Supreme Court stated that the agency can investigate the role of bank employees and officials found involved in opening accounts for digital arrest scams under the Prevention of Corruption Act. This step is considered highly significant as banking channels play a crucial role in scams like digital arrest.
The Supreme Court has also made the Reserve Bank of India (RBI) a party to this case. The court has asked the RBI to provide information on the Artificial Intelligence (AI) and Machine Learning tools it is using to identify fraudulent bank accounts. The court indicated that measures to prevent fraud in the banking system through technology will be further strengthened in the future.
