Digital arrests: Supreme Court’s alarm a call for action

The Supreme Court’s expression of concern over cybercrimes, especially in forms such as digital arrests, and directives to counter these crimes, underline the criticality of the matter. It is estimated that over Rs 3,000 crore has been extorted from people by cyber criminals who posed as law enforcement officers, court officials, or other authorities. The actual figure may be higher since many cases are not reported. These recurring frauds not only cause financial losses to the victims but also leave them mentally stressed and traumatised. NITI Aayog had flagged the rise of digital fraud some time ago, and the Prime Minister had mentioned it in his Mann Ki Baat programme. Police and other state agencies have continued to alert citizens about the possibilities of different forms of cybercrime. Regular public awareness campaigns have also not found results – the number of cybersecurity incidents rose from 10.29 lakh in 2022 to 22.68 lakh in 2024.

Over 85% of Indian households are now connected to the internet, providing a large base of operations for the criminals. The remote nature of activities provides cover for the fraudsters, and if arrest records are any indication, they operate at a lower risk than conventional criminals. Often, the fraud involves psychological manoeuvring that exploits the ignorance, fear, and insecurity of people, especially senior citizens. There have been instances of people being held under digital arrest for days and being deprived of sleep and daily chores. The profiles of victims have defied patterns – bankers, judges, and even police personnel attached to anti-cybercrime units have been at the receiving end.

The apex court said it was considering the matter seriously and would pass stringent orders to strengthen the hands of enforcement agencies to deal with these crimes. It started the proceedings after a woman from Haryana wrote to the Chief Justice of India (CJI) that she was placed under digital arrest based on forged court ‘orders’ and defrauded of over Rs 1 crore. The Court had told the CBI to look into the issue. The agency informed the Court about the challenges in investigating such cases. Many of the perpetrators are located in Myanmar, Laos, and Cambodia. They leverage the latest technologies, use AI in their operations, and have consistently managed to stay ahead of the investigating agencies. The Court has appointed an amicus curiae for counsel on the matter. For the agencies, it will be a long game with no assured outcomes, but the special interest taken by the Supreme Court will, hopefully, provide the momentum they need.