Supreme Court Directs CBI to Lead Investigation into Cross-Border Digital Arrest Scams

The Supreme Court on Monday indicated it might task the CBI with investigating the increasing cases of cyber fraud and 'digital arrest' scams across India.

The Home Ministry is working to counter frauds like 'digital arrest'. (Representational)

New Delhi:

The Supreme Court expressed on Monday that it might direct the CBI to investigate the rising incidents of cyber fraud and 'digital arrest' cases - where victims lose substantial sums to criminals impersonating government officials, police officers, or judiciary members.

The court acknowledged Solicitor General Tushar Mehta's submission that some fraud operations originated from foreign locations including Myanmar and Thailand. Following this, the court instructed the CBI to develop an investigation plan for these cases.

"We need a uniform investigation into 'digital arrest' cases across India," stated a bench comprising Justice Surya Kant and Justice Joymalya Bagchi. "We are inclined to entrust the matter to CBI... because the criminals may be operating across India... or maybe even from across the border."

The court inquired whether the CBI required additional resources, including cyber experts, for this undertaking.

"We can monitor the progress... issue whatever directions are necessary," the court added, taking its first action by assigning the agency to investigate a case involving an elderly couple from Haryana's Ambala who lost their life savings during a 16-day 'digital arrest' last month.

In that particular case, the fraudsters displayed forged Supreme Court orders on WhatsApp and video calls, bearing the purported signature of former Chief Justice of India Sanjiv Khanna.

Under threats of arrest based on these counterfeit documents, the couple was forced to transfer Rs 1.5 crore through multiple banking transactions.

The court, which observed that "nothing is being done" to assist such victims, also issued notices to all state and union territory governments requesting details about digital fraud cases in their respective jurisdictions.

The next hearing has been scheduled for November 3.

During the previous hearing on October 17, the court had issued notices to the central government, the Haryana government, the CBI, and the Cyber Crime Department of Ambala Police.

The court had emphasized that such crimes undermine the "foundation" of public confidence in the system.

In today's hearing, the Solicitor General addressed the claim about "nothing being done," stating that detailed meetings had taken place and that "the issue is greater than anticipated."

Regarding the transfer of multiple cases to the CBI, Mehta expressed concern that "this might delay the process," and indicated he would consult with the central agency for further guidance. He noted that the agency is already investigating some of these offenses with assistance from the Union Home Ministry.

Referring to cases where fraud is conducted by criminals operating from abroad, such as Thailand and Myanmar, the Solicitor General described these operations as "scam compounds."

"The problem is volume (i.e., the number of cases). We have seen this in Ponzi cases... the pressure on the CBI was too much and they wanted to offloads some cases," Justice Surya Kant observed, following Justice Bagchi's question about whether the agency was prepared for an "exclusive investigation."

The court acknowledged that the CBI might encounter different challenges in investigations with international dimensions, stating, "They might be required to coordinate with Interpol, local offshore police..."

Nevertheless, the court referenced established protocols, including a United Nations convention on intelligence sharing for cybercrime cases.