[Cyber Crime] Bihar Cops To Face Contempt Of Court Proceedings If They Refuse To Register FIR: Patna High Court

The Patna High Court on Monday warned the Bihar Police Officers that in case they refuse to register FIRs in cybercrime cases, then they will have to face contempt of court proceedings.

The Bench of Justice Sandeep Kumar stated thus after taking note of the submissions made by the Telecom Companies before the Court that they are facing difficulties in registration of F.I.R.s. related to cybercrime in some police stations as the Officer-in-Charge of those police stations are refusing to register the F.I.R.s.

Essentially, the Telecom Companies have already been directed by the Court to lodge FIRs with regard to the sale and purchase of S.I.M.s by cyber criminals and others on the basis of forged documents.

Taking note of the submission of the telecom companies, the court also asked the advocates of these companies [B.S.N.L., Airtel, Vodafone, and Reliance Jio] to submit the details of those police stations and their Officer-in charge who are refusing to register their cases.

Further, the Court also sought details from the Department of Telecommunication as to whether F.I.R.s are being registered by the telecom companies pursuant to the directions of the DoT in all the States or only in the State of Bihar.

It may be noted that these directions have been issued in a case that is currently being dealt with by the Court in an attempt to eradicate the menace of cybercrime. The need to deal with the menace was realized by the Court last year while dealing with an anticipatory bail application of a person operating from Nawada city in Bihar, who was allegedly found in possession of mobile phone numbers contained in 28 pages for the purpose of cheating the general public at large.

Significantly, during the course of the last hearing in the case, it was submitted on behalf of the telecom companies that now they have stopped selling preactivated S.I.M.s.

However, Amicus Manu Tripurari disputed the claim by submitting that around five hundred pre-activated S.I.M.s were recovered from an accused who was misusing those S.I.M.s, and perhaps, it was being used for committing the crime.

Taking note of this, the Court observed directed the telecom companies to respond on this issue also as to how their S.I.M.s are still reaching the criminals. They have also been directed to file supplementary affidavits answering the Circular dated 23.03.2017 and 09.08.2012 of the DoT.

Lastly, the Court also sought an explanation from the Officer-In-charge of Rupaspur Police Station as to why he didn't register the F.I.R. in a case wherein money had been siphoned off by the cyber criminals from the bank account of an Advocate named Tarkeshwar Nath Singh.

"...When a cognizable offence is committed and just because of the fact that petty amount is involved, the Police cannot refuse to register the F.I.R," the Court observed as it posted the matter for further hearing on March 7.

Case title - Shiv Kumar v. the State of Bihar

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