The Supreme Court on Monday issued comprehensive directions to tackle the growing menace of cyber frauds related to ‘digital arrests,’ emphasising swift and decisive action by the Central Bureau of Investigation (CBI). The directions came in a suo motu (self-initiated) case led by Chief Justice of India Surya Kant.
The apex court authorised the CBI to act independently in investigating digital arrest scams and clarified that the agency has the power to freeze bank accounts linked to cybercrime even without a formal FIR. “The digital arrests scam requires the immediate attention of the premier investigating agency of the country. Therefore, we direct the CBI to take the lead in investigating these cases,” the Court stated.
The Court instructed that the CBI should probe the involvement of bankers who facilitate accounts used in digital arrest frauds. It also implored the Reserve Bank of India (RBI) to provide guidance on deploying AI and machine learning systems to identify suspicious accounts and freeze illicit funds promptly.
Authorities designated under the Information Technology (IT) Rules, 2021, were ordered to fully cooperate with the CBI, while states yet to provide general consent to the agency were directed to do so, enabling pan-India investigations under the IT Act. The Court further noted the cross-border nature of these offences and allowed the CBI to seek assistance from Interpol where necessary.
Highlighting serious lapses by telecom service providers, the Court called on the Department of Telecommunications to submit a proposal outlining steps to prevent misuse of SIM cards, including cases of multiple SIMs issued in the same name. It also directed all states to rapidly set up state cybercrime centres to strengthen cyber policing infrastructure.
The Court clarified that these proceedings currently focus solely on digital arrest scams, with decisions on other categories of cybercrime to be taken later. It further directed the Solicitor General of India to ensure representation from the Ministry of Home Affairs, Department of Telecommunications, and Ministry of Finance to assist in effective oversight.
Authorities under the IT Rules were instructed to preserve mobile phone data related to devices implicated in cybercrime cases or listed in FIRs across different States, ensuring critical evidence is available for ongoing and future investigations.
