SC Gives CBI Free Hand to Stop ‘Digital Arrest’ Scams

Context:
The Supreme Court of India has directed the Central Bureau of Investigation (CBI) to conduct a pan-India probe into large-scale ‘digital arrest’ cyber frauds, overriding the usual requirement of state consent. These scams have resulted in losses of over ₹3,000 crore, with senior citizens being the primary victims.

Key Highlights:

Nature of the Scam – ‘Digital Arrest’

  • Fraudsters impersonate law enforcement or investigative agencies
  • Victims are falsely told they are under digital arrest for alleged crimes
  • Coercion used to extract money via online transfers

Judicial Intervention

  • Supreme Court authorises CBI to investigate across states
  • State consent overridden, an exceptional constitutional measure
  • Reflects the seriousness and national spread of the cybercrime

Scale and Impact

  • Estimated fraud amount: ₹3,000 crore+
  • Elderly citizens disproportionately targeted due to lower digital awareness

Banking and Financial Angle

  • CBI allowed to initiate anti-corruption probe
  • Focus on bank officials involved in opening mule accounts
  • Mule accounts used to launder scammed money

States Directed to Cooperate

  • Bihar, Tamil Nadu, Karnataka, Kerala, among others
  • Required to extend full logistical and administrative support

Phased Investigation Plan

  • Phase 1: Digital arrest scams
  • Phase 2: Expansion to other cybercrime categories

Relevant Prelims Points:

  • Digital Arrest Scam:
    • A form of cyber-enabled extortion
    • Uses fear, impersonation, and psychological pressure
    • Targets digitally vulnerable populations
  • Mule Account:
    • Bank account used to transfer or park illicit funds
    • May be opened knowingly or unknowingly
    • Key enabler of financial cybercrime
  • Legal Provision Involved:
    • Section 6, Delhi Special Police Establishment (DSPE) Act, 1946
    • Requires state consent for CBI investigations within states
    • Supreme Court can override in exceptional circumstances
  • Issue & Causes:
    • Rapid digitisation without adequate cyber awareness
    • Weak KYC enforcement in banking channels
    • Cross-border and inter-state nature of cybercrime
  • Impact & Challenges:
    • Erosion of trust in digital systems
    • Difficulty in jurisdictional coordination
    • Low conviction rates in cyber fraud cases

Relevant Mains Points:

  • Constitutional & Legal Dimensions:
    • Balance between federalism and national security
    • Judicial use of extraordinary powers to address systemic crime
  • Governance and Internal Security Link:
    • Cybercrime as a non-traditional internal security threat
    • Increasing convergence of technology, finance, and crime
  • Science & Technology Aspect:
    • Misuse of digital platforms, VoIP calls, and online banking
    • Need for cyber forensics and AI-based fraud detection
  • Keywords & Concepts:
    • Cyber fraud, digital vulnerability, cooperative federalism, financial crime
  • Way Forward:
    • Strengthen cybercrime reporting and response mechanisms
    • Improve digital literacy, especially among senior citizens
    • Tighten bank KYC norms and real-time transaction monitoring
    • Enhance inter-agency and inter-state coordination
    • Update legal frameworks to address emerging cyber threats

UPSC Relevance (GS-wise):

  • GS 2: Judiciary, Federalism, Centre–State Relations
  • GS 3: Internal Security, Cybercrime, Science & Technology
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