Supreme Court Directs CBI To Investigate Digital Arrest Scam Cases, Asks States To Give Consent

The Supreme Court on Monday ordered the CBI to investigate the instances of digital arrest scams.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi passed the order in the suo motu case taken by it on the issue of digital arrest. The bench said the scams demand the “immediate attention” of the nation's premier investigating agency. The court directed that the CBI shall first investigate cases directly reporting digital arrest scams, while other forms of cybercrime may be taken up in subsequent phases.

To strengthen the agency's hand, the bench granted the CBI full freedom to probe the role of bankers under the Prevention of Corruption Act, where bank accounts are opened for the purposes of digital arrest scams. It also impleaded the Reserve Bank of India and sought its assistance in explaining the AI and machine learning tools used to identify fraudulent accounts.

The court further directed information technology service providers to cooperate fully with investigators and provide content data whenever required. States including Punjab, Tamil Nadu, Uttarakhand and Haryana were instructed to give their consent for a pan-India probe by the CBI.

Raising concern over the “large and alarming” issuance of multiple SIM cards in the same name, the bench ordered that a model protocol be placed on record to prevent misuse in telecom networks. All states and Union Territories were asked to ensure that regional cybercrime units function efficiently and report any hurdles to the court.

The bench also allowed intervenors and individuals assisting the court-appointed amicus to share materials directly with the amicus through email.

CJI Kant clarified that the current proceedings will primarily focus on digital arrest scams. Other categories of cybercrime may be considered later, depending on their impact and the need for further intervention. The also directed the Union to consider inputs from all stakeholder ministries and asked the Department of Telecommunications to remain present on the next hearing date.

Case no. – SMW (Crl.) 3/2025

Case title – In Re: Victims of Digital Arrest Related to Forged Documents

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