Supreme Court Urges Global Cooperation to Curb Digital Arrest Cyber Frauds

Context:

• The Supreme Court of India expressed grave concern over the surge in digital arrest scams and related cyber frauds across India.

• While hearing a suo motu case, the Court urged the Union Government to consider ratifying the UN Convention against Cybercrime to strengthen international cooperation in investigation and prosecution.

• The issue highlights the growing challenge of cross-border cybercrime and limitations of domestic enforcement mechanisms.

Key Highlights:

Judicial Observations

• The Court asked the Central Government to examine the feasibility of ratifying the UN Cybercrime Treaty to:

  • Enable cross-border information sharing

  • Facilitate tracking of international money trails

• Emphasised that cybercrime networks operate transnationally, making global cooperation indispensable.

Digital Arrest Scam Cases

• The Court is hearing a suo motu matter involving:

  • A 72-year-old lawyer defrauded of ₹5.29 crore

• Another case involved a couple from Ambala, Haryana, cheated of ₹1.05 crore using forged legal orders.

• Fraudsters impersonated constitutional and enforcement bodies such as:

  • Supreme Court and High Courts

  • Enforcement Directorate

• Victims were threatened with fake arrest notices to extort money.

Directions on Investigation

• The Bench directed that:

  • Accused persons should not be granted bail until completion of investigation.

• Proposed:

  • Transfer of all digital arrest scam cases to the Central Bureau of Investigation

• Sought details of all such cases registered across different States.

Detailed Insights:

• The Court stressed the need for:

  • Global law enforcement collaboration

  • Mutual legal assistance treaties (MLATs) and unified cyber frameworks

• The issue was flagged after representations by the Supreme Court Advocate-on-Records Association (SCAORA), which highlighted:

  • Rapid rise in online financial frauds

  • Misuse of fear of law enforcement agencies to psychologically coerce victims

• Digital arrest scams typically involve:

  • Fake summons or arrest threats

  • Forged documents claiming to be from courts or ED

  • Use of encrypted platforms and overseas bank accounts

• Challenges in tackling such crimes include:

  • Jurisdictional limitations

  • Lack of binding international legal mechanisms

UPSC Relevance (GS-wise):

GS Paper 2 – Polity & Governance

• Suo motu powers of constitutional courts

• Role of judiciary in protecting citizens

• Centre–State coordination in criminal justice

GS Paper 3 – Internal Security

• Cyber security threats and financial frauds

• Transnational organised cybercrime

• Need for international cooperation frameworks

Prelims Focus

• Definitions: Suo motu, Cybercrime, Ratification

• Institutions: Supreme Court, CBI, Enforcement Directorate

• Emerging threats: Digital arrest scams