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New Delhi: Expressing shock at the magnitude of the emerging “digital arrest” cybercrime menace, the Supreme Court on Monday said such cases must be dealt with “an iron hand,” after being informed that fraudsters have extorted more than ₹3,000 crore from victims across the country, many of them senior citizens.
A Bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi, which is monitoring the issue, said it will issue “stringent and harsh” directions to curb such crimes. “It is shocking that over ₹3,000 crore have been collected from victims, including senior citizens, across India. If we don’t pass stringent orders, the problem will only magnify. We have to strengthen the hands of our agencies through judicial orders,” the Bench observed.
The court, which appointed an amicus curiae to assist in the matter, perused sealed cover reports submitted by the Ministry of Home Affairs (MHA) and the Central Bureau of Investigation (CBI). It posted the matter for further hearing on November 10, when it is expected to pass formal directions based on the amicus’s recommendations.
What Is a “Digital Arrest”?
“Digital arrest” is a relatively new form of cybercrime in which fraudsters impersonate police officers, court officials, or personnel from central enforcement agencies like the CBI or ED. Through audio and video calls, they intimidate victims—often elderly or less tech-savvy citizens—by showing forged court or agency orders and then extort money by threatening arrest or legal action.
The Case That Triggered SC’s Intervention
The apex court took suo motu cognisance after receiving a letter from an elderly woman from Ambala, Haryana, who said she and her husband were digitally “arrested” by fraudsters posing as officials of the CBI, Enforcement Directorate, and judiciary. The scammers allegedly extorted ₹1.05 crore from the couple in September using fabricated court orders displayed over video calls.
Following her complaint, two FIRs were registered with the Ambala Cyber Crime Police under various provisions of the Bharatiya Nyaya Sanhita (BNS).
Cybercrime Syndicates Operating Offshore
Justice Kant noted that, according to the CBI’s sealed report, many such frauds are being orchestrated from offshore locations, where organized “scam compounds” operate with distinct financial, technical, and human resource units.
Appearing for the Centre and the CBI, Solicitor General Tushar Mehta told the court that the MHA’s Cybercrime Division was closely monitoring the issue and coordinating efforts with state agencies.
Supreme Court to Monitor CBI Probe
Earlier, on October 27, the top court had indicated that it was inclined to entrust the CBI with a central probe into “digital arrest” scams, citing their pan-India spread and the complexity of jurisdictional overlaps. It had directed the CBI to submit details of FIRs registered in all states and Union territories and to specify whether it required additional cyber experts—especially from outside the police force—to strengthen the investigation.
On October 17, the Supreme Court had observed that the rise in “digital arrest” cases, where forged orders of the apex or high courts are used to dupe citizens, “strikes at the very foundation of public trust in the judiciary.” The Bench had described such acts—falsifying court seals, orders, or judicial signatures—as a “matter of grave concern” that could not be treated as ordinary cybercrime.
The court’s intervention is seen as a significant step in addressing one of India’s fastest-growing forms of organized digital fraud, where criminals exploit citizens’ fear of law enforcement and faith in the judiciary to orchestrate high-value scams.
