Digital Arrest Scams: Supreme Court Unleashes CBI – Is Your Money Safe?

Syllabus: Statutory, regulatory and various quasi-judicial bodies.

Context

  • The Supreme Court directed the CBI to lead a nationwide investigation into rising ‘digital arrest’ cyber frauds.
  • Court intervention came after Centre reported ₹3,000 crore losses, largely affecting senior citizens.

Key Directions of the Supreme Court

  • The Bench of CJI Surya Kant and Justice Joymalya Bagchi held that digital arrest scams need urgent, centralised investigation.
  • The Court gave the CBI a “free hand” to crack the network of scammers and associated corruption.
  • It asked the CBI to prioritise digital arrest scams first, followed by fraudulent investment scams and fake part-time job scams.
  • It directed 13 States (including Tamil Nadu, Kerala, Karnataka, Maharashtra, West Bengal, Bihar, Rajasthan, etc.) to grant consent under Section 6, Delhi Special Police Establishment Act.

Investigation Framework

  • The CBI must identify State police officers and domain experts to assist a pan-India probe.
  • Court asked the CBI to coordinate with Interpol to trace cyber havens abroad.
  • The RBI must explain how AI/ML tools can track complex money-layering patterns through mule accounts.
  • Under the IT Intermediary Rules, 2021, digital platforms must provide all required data support.

Strengthening Cybercrime Response

  • States/UTs must operationalise regional cybercrime coordination centres linked to I4C for data consolidation and early-warning systems.
  • Telecom operators were criticised for negligence in SIM issuance, enabling multiple SIMs under the same identity.
  • DoT must propose measures to prevent SIM misuse.

Significance

  • Marks a shift towards centralised, technology-driven cybercrime enforcement.
  • Addresses vulnerabilities of senior citizens frequently targeted by online fraud networks.

 

Consent to the CBI

  • Legal Basis
  • Under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946), the CBI must obtain consent of the concerned State government before initiating an investigation within that State’s territory.
  • This requirement stems from the federal division of police powers, where policing is a State subject under List II of the Constitution.

Difference from the NIA

  • The CBI’s jurisdiction is not automatic nationwide.
  • The National Investigation Agency (NIA), constituted under the NIA Act, 2008, has countrywide powers and does not require State consent to investigate scheduled offences.

Types of Consent

  • General Consent
      • Allows the CBI to operate freely within a State without seeking permission for every FIR or investigation.
      • Many States earlier granted standing consent to ease inter-state anti-corruption and major crime investigations.
      • Exceptions- No consent is needed when:
        • Investigations are ordered by the Supreme Court or a High Court.
        • Cases are registered in other States/Union Territories.
        • Cases were registered before withdrawal of consent.
  • Case-Specific Consent
    • Required when a State has withdrawn general consent.
    • The CBI must approach the State government for permission in every individual case.

About the CBI

  • Established: 1963, following the Santhanam Committee recommendations on corruption prevention (1962–64).
  • Status: A non-statutory, non-constitutional body; functions under the DSPE Act, 1946.
  • Administrative Control: Ministry of Personnel, Public Grievances and Pensions.
  • Mandate: Investigates anti-corruption cases, economic offences, and serious crimes with inter-State or national ramifications.

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