New Delhi: The Supreme Court on Monday said it needs to deal with digital arrest cases with an iron hand as it expressed shock over the scale of such cybercrime cases in the country, with over Rs 3000 crore allegedly extorted from victims, including senior citizens.
Digital arrest is a growing form of cybercrime in which fraudsters pose as law enforcement or court officials or personnel from government agencies to intimidate victims through audio and video calls. They hold the victims hostage and put pressure on them to pay money.
A bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi, which appointed an amicus curiae to assist the court in the matter, perused two sealed cover reports submitted by the Ministry of Home Affairs and the Central Bureau of Investigation.
“It is shocking that over Rs 3000 crore have been collected from the victims, including senior citizens, across the country. If we don’t pass stringent and harsh orders, this problem will magnify.
“We have to strengthen the hands of our agencies through judicial orders. We are determined to deal with these crimes with iron hands,” the bench observed.
The top court posted the matter for hearing on November 10 and said that it will pass certain directions based on the suggestions from the amicus.
Justice Kant said that the CBI has pointed out that crime syndicates were being operated from offshore locations where they have “scam compounds” having financial, technical and human pillars.
Solicitor General Tushar Mehta, appearing for the Centre and the CBI, said that the Ministry of Home Affairs’s cybercrime division is dealing with these issues.
The apex court has taken cognisance of a letter written by an elderly woman from Haryana’s Ambala to Chief Justice of India BR Gavai complaining that she and her husband were put under the so-called “digital arrest” on the basis of forged orders of the court and probe agencies by fraudsters, who extorted Rs 1.05 crore from them in September.
The woman said the court orders were shown through multiple audio and video calls by people impersonating as CBI, ED and judicial officers to arrest them.
The top court was informed that two FIRs were lodged with the cyber crime department at Ambala under various provisions of the Bharatiya Nyaya Sanhitya (BNS).
On October 27, the top court said it is inclined to entrust the CBI with the probe into digital arrest cases after taking into consideration the magnitude and pan-India spread of such crimes.
It had sought details of FIRs registered in different states and Union territories.
The top court had said it would monitor the progress of the CBI investigation and issue whatever directions necessary to deal with these crimes.
It had asked the CBI to respond whether it needs more resources, including cyber experts who are not in the police force, to investigate digital arrest cases.
On October 17, taking note of the rising incidents of online fraud in the country, especially digital arrests to dupe citizens by fabricating judicial orders, the top court sought responses from the Centre and the CBI, saying such offences strike at the “very foundation” of public trust in the system.
The apex court had flagged the rising number of digital arrest cases across the country and said forging apex court, high court orders and signatures of judges to digitally arrest innocent people, including senior citizens, strikes at the bottom of trust and faith of people in judicial institutions.
It said the forgery of documents and the criminal misuse of the name, seal and judicial orders of this court or high court is a matter of grave concern, and such criminal acts cannot be treated as an ordinary or solitary offence of cheating or cyber crime.
