On Monday, the Supreme Court, issued notices to all States and Union Territories in a suo motu matter concerning the alarming rise of “digital arrest” scams, fraudulent schemes where victims are extorted through fabricated court orders and impersonation of law enforcement or judicial authorities.
The Bench comprising Justice Surya Kant and Justice Joymalya Bagchi expressed deep concern over the widespread nature of these cybercrimes and observed that such offences may have inter-State and even international dimensions. The Court indicated that the Central Bureau of Investigation (CBI) may be tasked with conducting a consolidated probe into these cases.
The proceedings arose from a letter addressed to the Supreme Court by a senior citizen couple from Haryana, detailing how they were deceived by fraudsters posing as police officials through a fake video call purporting to be a “digital arrest.” Taking cognisance of the matter, the Court had registered a suo motu case to examine the larger issue.
During the hearing, Justice Surya Kant observed, “We have noticed multiple such instances across different States. This appears to be an organised crime network operating at a national, if not transnational, scale. We are, therefore, inclined to consider entrusting the investigation to the CBI.”
Attorney General R. Venkataramani, appearing for the Union Government, informed the Bench that preliminary intelligence reports suggest the involvement of cross-border money laundering syndicates. “Several of these networks operate from foreign jurisdictions, including regions in Myanmar and Thailand,” he stated, underscoring the transnational nature of the scam.
Solicitor General Tushar Mehta further elaborated on the modus operandi, noting that victims are often coerced into participating in such schemes under duress. “There are human victims trapped abroad under false promises of employment. Once there, their passports are confiscated, and they are forced to conduct online fraud activities to repay fabricated ‘debts.’ They are, in essence, modern-day digital slaves,” he explained.
The State of Haryana, which had been issued notice earlier, conveyed that it has no objection to transferring the investigation of two FIRs registered in Ambala to the CBI. The Court took note of this submission.
Justice Bagchi remarked that the phenomenon has now “assumed international proportions,” referencing recent international operations against similar cybercrime syndicates based in Myanmar and neighbouring regions.
Seeking clarity on the investigation framework, Justice Surya Kant directed the Centre and the CBI to apprise the Court of their operational capacity and technical preparedness to handle the rising number of such cases. “Given the scale of these offences, we would like to know whether the CBI possesses the necessary manpower and technological expertise to take over all pending investigations of this nature,” he observed.
The Solicitor General assured the Court that the CBI’s operations are being supported by the Cyber Crime Division of the Ministry of Home Affairs, which includes specialists trained in digital forensics and transnational cyber investigation. Justice Kant added that if additional expert assistance is needed, the agency may submit appropriate recommendations to the Court.
Concluding the hearing, the Top Court issued notices to all States and Union Territories, directing them to provide detailed information on FIRs lodged in similar cases within their jurisdictions. The matter will now be taken up for further hearing after responses are received from the concerned authorities.
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