The Supreme Court on Monday directed the Central Bureau of Investigation to take charge of inquiries into the rising instances of digital arrest scams across the country.
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued the directions in a suo motu matter concerning these scams, stressing that the situation requires the “urgent attention” of the country’s top investigative body. The Court stated that the CBI must initially prioritise cases that directly involve digital arrest fraud, while broader cybercrime categories may be examined in later phases.
To enable effective investigation, the Court authorised the CBI to examine possible involvement of bank officials under the Prevention of Corruption Act where accounts are opened to facilitate these frauds. The Reserve Bank of India was added as a party to help explain the AI and machine-learning systems currently used to detect suspicious banking activities.
The bench further instructed technology companies and online service providers to extend full cooperation and share relevant content data whenever needed. States including Punjab, Tamil Nadu, Uttarakhand, and Haryana were asked to give formal approval enabling the CBI to investigate the matter nationwide.
Highlighting concerns over the “massive and disturbing” issuance of multiple SIM cards under the same identity, the Court demanded that a draft standard protocol be placed on record to curb telecom misuse. All States and Union Territories were told to ensure that regional cyber crime cells operate effectively and promptly report any difficulties to the Court.
Additionally, the Court permitted intervenors and researchers assisting the Court-appointed amicus curiae to directly share material through email.
CJI Surya Kant clarified that, for now, the proceedings will be confined to digital arrest scams specifically. Other types of cyber fraud may be taken up subsequently based on their seriousness and societal impact. The Centre was also asked to consider inputs from all relevant ministries, and the Department of Telecommunications was directed to be present at the next hearing.
Case No. SMW (Crl.) 3/2025
Case Title: In Re: Victims of Digital Arrest Related to Forged Documents
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