In a significant step to address the escalating issue of ‘digital arrests’, the Supreme Court has directed states and Union Territories to provide details of all pending cyber arrest investigations within their jurisdictions. This move comes as the court considers establishing a uniform investigation protocol, with a preference for the Central Bureau of Investigation (CBI) to lead the effort.
A bench comprising justices Surya Kant and Joymalya Bagchi has given the authorities one week to submit this information, with the next hearing scheduled for November 3. The court is currently examining a suo motu petition concerning ‘digital arrests’ – a complex form of cyber fraud where criminals impersonate law enforcement, intelligence officers, or even judicial figures to extort money through fabricated legal proceedings and forged official documents, often targeting senior citizens.
The court’s attention was drawn to this matter following a complaint from a senior citizen couple in Ambala who were defrauded of ₹1 crore by individuals posing as CBI officers. The fraudsters used fake Supreme Court orders and impersonated officials during a WhatsApp video call to threaten the couple with property seizure.
During the proceedings, Solicitor General Tushar Mehta highlighted the multi-faceted nature of these crimes, categorizing them into financial, technical, and human elements. He noted that some individuals involved in these scams are those who have previously been defrauded abroad. The court acknowledged the international dimension of these frauds, emphasizing the need for a unified, nationwide investigation, stating, “Pan-India, these digital arrests have happened, and nothing is going to happen unless there is some uniform investigation.”
Mehta also pointed out the difficulties faced by investigative agencies, particularly in tracing the origins of scam calls, and mentioned the existence of ‘scam compounds’ in certain countries that harbor such criminals, especially those without mutual legal assistance treaties with India.
The court inquired about the CBI’s capacity to handle such a probe and suggested that states could provide necessary manpower, similar to how it was done for the subvention scam investigation. The CBI may also require assistance from Interpol or local police in foreign jurisdictions, and could identify cyber experts to aid in investigations.
Haryana’s Additional Advocate General informed the court that the state has received multiple complaints related to digital arrests and is actively investigating them.
The Supreme Court had previously expressed grave concern over the forgery of documents and the misuse of its name and seal, deeming it a serious threat to public trust in the judicial system and the rule of law.