Supreme Court Directions on Digital Arrest Scams

A Bench of the Supreme Court, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, issued a landmark directive aimed at strengthening India’s response to cybercrime.
Grant of Pan-India Jurisdiction to the CBI

The Supreme Court directed thirteen States, including Bihar, Tamil Nadu, Karnataka, West Bengal, Maharashtra, and Punjab, to grant consent to the Central Bureau of Investigation (CBI) under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946.

This consent enables the CBI to exercise pan-India jurisdiction for investigating cybercrime cases.With this directive, the CBI can now conduct coordinated investigations across State boundaries without requiring fresh consent from individual States for each case.This removes procedural delays and jurisdictional constraints that have historically hampered cybercrime probes, especially those involving inter-state networks, digital frauds, and online financial crimes.

The Court issued the following directions:

1. Fast-Track Investigation

The CBI is authorised to investigate digital arrest scams first, followed by fraudulent investment and part-time job scams. This ensures that the most urgent and harmful scams are addressed promptly.

2. State Cooperation

All states are directed to grant consent under the Delhi Special Police Establishment (DSPE) Act, 1946. This enables the CBI to exercise jurisdiction and conduct investigations across state boundaries.

3. International Cooperation

The CBI has been asked to collaborate with INTERPOL to identify and track offshore cybercrime networks involved in these scams.

4. Financial Tracking

The Supreme Court has issued a notice to the Reserve Bank of India (RBI) to explore the use of Machine Learning (ML) and Artificial Intelligence (AI) tools for detecting suspicious money layering across multiple bank accounts.

5. Intermediary Compliance

Digital platforms are required to cooperate under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, providing investigators with necessary data to track and stop fraudulent activities.

6. Institutional Strengthening

States and Union Territories must operationalise regional cybercrime coordination centres and integrate them with the Indian Cybercrime Coordination Centre (I4C) for better coordination.

7. Telecom Accountability

The Department of Telecommunications has been asked to propose measures for strict SIM issuance norms and ensure proper Know Your Customer (KYC) verification, reducing avenues for scamsters.

What is a Digital Arrest Scam?

Digital arrest is a type of cyber fraud in which criminals impersonate law enforcement agencies to extort money by creating fear and urgency.

• Modus Operandi: Scammers falsely link victims to criminal cases and threaten arrest or freezing of bank accounts using spoofed phone numbers and fake documents.

• Objective: Victims are coerced into paying fake fines or security deposits to avoid fabricated legal consequences.

• Impact: As of 2024, the I4C has blocked over 59,000 WhatsApp accounts linked to digital arrest scams.

Challenges in Curtailing Digital Arrest Scams

1. Advanced Digital Tradecraft: Scammers use deepfakes, spoofed numbers, fake documents, and encrypted apps, making detection difficult.

2. Powerful Social Engineering: They exploit fear and urgency, especially targeting senior citizens and users with low digital awareness.

3. Weak Cybersecurity Practices: Poor password hygiene, outdated software, and unsafe devices increase vulnerability.

4. Rise of Digital Payments: Platforms like UPI, QR codes, and online banking provide new avenues for fraud.

5. Dark Web Crime Networks: Organised groups access stolen data, malware kits, and ransomware-as-a-service, making scams sophisticated.

6. Weak Laws & Enforcement Gaps: Slow investigations, limited cyber policing, and cross-border jurisdiction issues allow scammers to operate with minimal risk.

7. Rapidly Evolving Techniques: Scammers constantly upgrade tools to bypass security checks.

8. Slow Reporting & Stigma: Victims often hesitate to report scams due to embarrassment or fear, allowing crimes to continue.

Samanvaya Platform

The Samanvaya coordination platform is a central data repository designed to help law enforcement agencies combat cybercrime efficiently. It enables authorities to map cybercrime hotspots, share data on mule accounts, and track fund movements across state lines in real time.

Pratibimb Module

A key component of Samanvaya is the Pratibimb module, which leverages Geographic Information Systems (GIS) technology. By overlaying telecom data with crime reports, it allows authorities to identify high-risk areas and patterns of criminal activity.

Impact

• Arrests: Over 12,987 accused have been apprehended using insights from the platform.

• Criminal Network Mapping: Approximately 1.5 lakh criminal linkages have been identified, enabling more targeted investigations.

India’s Initiatives to Tackle Digital Arrest Scams

1. Indian Cybercrime Coordination Centre (I4C)

The I4C, set up by the Ministry of Home Affairs, coordinates national cybercrime response, builds capacity, monitors trends, and facilitates intelligence sharing.

2. National Cyber Crime Reporting Portal

Citizens can report cybercrimes online, and cases are forwarded to the respective State/UT police for action.

3. Citizen Financial Cyber Fraud Reporting System

The helpline 1930 allows immediate reporting of financial frauds to authorities.

4. Anti-Spoofing Measures

The Department of Telecommunications, along with telecom operators, identifies and blocks international spoofed calls that appear as Indian numbers—a common tactic in digital arrest scams.

5. Digital Safety Awareness

The government spreads awareness through SMS alerts, the CyberDost platform, social media campaigns, and digital displays at airports and railway stations.

Conclusion

Digital arrest scams highlight how rapidly cybercrime is evolving in India. Strong enforcement, international cooperation, technological tracking, and public awareness are essential to protect citizens. Coordinated action by the CBI, states, I4C, and telecom regulators can help curb these scams and strengthen India’s digital security ecosystem.