Supreme Court Transfers Investigation of 'Digital Arrest' Scam to CBI?
Synopsis
Key Takeaways
- Supreme Court transfers investigation to CBI.
- CBI granted powers under Prevention of Corruption Act.
- RBI to assist with AI and ML implementation.
- Regulation of SIM card issuance proposed.
- States urged to expedite cybercrime center setups.
New Delhi, Dec 1 (NationPress) The Supreme Court has transferred the inquiry into the widespread ‘digital arrest’ scam to the Central Bureau of Investigation (CBI), empowering the agency with extensive authority to delve into what it characterized as a crime of significant magnitude and complexity.
A Bench chaired by Chief Justice of India (CJI) Surya Kant stated that the CBI would serve as the primary agency responsible for investigating all incidents associated with the scam. This scheme involves swindlers masquerading as officials, coercing victims—often elderly individuals—into digitally orchestrated “arrests” and extorting funds.
In a pivotal decision, the court granted the CBI authority under the Prevention of Corruption Act (PCA) to probe the involvement of bankers who facilitated the creation of accounts exploited in these frauds.
The court also issued a notice to the Reserve Bank of India (RBI), making it a participant in the suo motu proceedings.
The Bench directed the RBI to assist in establishing timelines for the implementation of Artificial Intelligence and Machine Learning technologies to identify suspicious bank accounts and automatically freeze illicit gains.
Furthermore, the court mandated that all authorities comply with CBI requests as per the IT Intermediary Rules, 2021.
It stated that states lacking general consent for CBI investigations must allow the agency to probe IT Act cases within their territories to ensure seamless nationwide operations.
The CBI is also permitted to seek aid from Interpol as necessary.
The apex court instructed the Department of Telecommunications (DoT) to present a proposal on regulating the issuance of SIM cards and multiple SIMs linked to a single identity to avert misuse.
The Supreme Court urged state governments to expedite the establishment of cybercrime centers and report any obstacles to the court.
“Authorities must retain mobile phone data from all devices seized in cybercrime-related FIRs. All states and Union Territories must transfer FIRs filed under the IT Act, 2021, concerning the digital arrest scam, to the CBI,” the court emphasized.
The Bench noted that following its suo motu cognizance of the issue, numerous victims came forward seeking justice, leading to a significant number of FIRs being registered across various states, highlighting the serious nature of the scam.
CJI Surya Kant remarked, “The seriousness and extent of the crime can be assessed by the fact that in many states, senior citizens have been targeted by fraudsters employing diverse strategies. Each cybercrime case, especially those involving elderly victims, warrants thorough investigation. However, the digital arrest scam requires immediate action from the nation’s leading investigative agency.”
The matter is set to be reviewed in two weeks.