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A bench of Justices Surya Kant and Joymalya Bagchi took note of three categories of cyber crimes identified by the amicus curiae – digital arrest scams, investment scams and part-time job scams. The Court noted that these crimes often involve extortion or schemes that induce victims to deposit large sums of money before defrauding them. Emphasizing the urgency of addressing digital arrest fraud, the bench directed that such cases should be given priority by the CBI, followed by investigation of other categories of scams.
The court said that in cases where bank accounts were opened to facilitate digital arrest scams, the CBI will have complete freedom to investigate the role of bankers under the Prevention of Corruption Act. It asked the Reserve Bank of India to assist by investigating whether artificial intelligence or machine learning tools could help detect suspicious accounts and stem the proceeds of crime. Officers working under the Information Technology Intermediaries Rules, 2021 were asked to cooperate with the CBI whenever required. The Court said that if the nature of the crime indicates operations beyond the territorial jurisdiction of India, the CBI can seek assistance from Interpol.
Taking note of the possible misuse of SIM cards, the bench said that if the facts reveal careless issuance of SIMs or multiple cards in the same name, the Department of Telecommunications should submit a proposal. It directed all states to set up cyber crime centers as soon as possible and inform the court if they face any hurdles.
The order was passed in a suo motu case initiated in October to address the growing menace of digital arrest scams. During the earlier hearing the court had almost expressed surprise ₹3,000 crore was collected In cyber fraud, especially through digital arrest scams.
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