The Supreme Court has declared that digital arrest fraud must be met with an “iron hand,” following revelations that an estimated ₹3,000 crore has been extorted from Indian citizens, with a significant focus on elderly individuals who have lost their life savings.
Presided over by Justice Surya Kant, a bench stated, “If we ignore this problem or cow down now and don’t pass stringent orders, the problem will magnify. We are determined to deal with this problem with an iron hand.” These strong remarks came after the court reviewed a confidential report from the Ministry of Home Affairs (MHA) and the Central Bureau of Investigation (CBI). The report was submitted as part of a suo motu proceeding initiated after an elderly couple from Ambala reported losing over ₹1 crore to a digital arrest scam.
Recognizing the severity of the issue, the court appointed senior advocate NS Nappinai as an amicus curiae. Justice Ujjal Bhuyan and Justice Joymalya Bagchi, also on the bench, expressed shock at the scale of the fraud, noting that the ₹3,000 crore figure pertains only to India, with the global extent of the problem unknown.
Solicitor General Tushar Mehta informed the court that the MHA has a dedicated unit to manage these cases. The court acknowledged the value of suggestions provided by the MHA and CBI, finding them to be positive and insightful.
The court also noted that similar complaints, besides the one from the Ambala couple, had been received previously. It directed that these past letters be shared with the Solicitor General and the amicus curiae.
Previously, on October 27, the court had requested all states and Union Territories to provide data on digital arrest cases and indicated a potential consolidation of all such cases under a single agency, likely the CBI, given the transnational nature of the crimes.
The suo motu proceedings were initiated on October 17, with notices issued to the Centre, CBI, and the Haryana government, highlighting the court’s grave concern over criminals using fake court orders and law enforcement seals to defraud citizens, thereby undermining public confidence and the rule of law.
Mehta pointed out the challenges in tackling these crimes, including the difficulty in tracing calls made via WhatsApp, where Artificial Intelligence is used to create fake courtroom scenarios. He mentioned that some countries serve as “scam compounds” for these criminals, who often target nations without mutual legal assistance treaties with India.
The Ambala couple’s experience, detailed in their letter, involved individuals posing as CBI officers who contacted them via WhatsApp video call, presenting a forged Supreme Court order and threatening property seizure. This led the couple to transfer ₹1.05 crore between September 3 and 16. They eventually reported the incident to the Ambala police.
The court expressed serious concern about the fraudulent use of court orders, names, and seals, stating that such acts strike at the core of public trust in the judicial system and the rule of law.