Supreme Court calls for separate offence on digital arrests, harsher punishment against accused

The Supreme Court on Tuesday suggested that the Union government formally define digital arrest in criminal laws and declare it a standalone offence with harsher punishments.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a suo motu case initiated by the top court to enhance measures against digital arrests and other online scams.

CJI Kant today further observed that once a prima facie opinion is drawn against an accused in such cases on the basis of reasoned evidence, his assets could be frozen.

Attorney General R Venkataramani for India today told the Court that an Inter-Departmental Committee (IDC) was in the process of finalising a comprehensive report to identify the gaps in the system.

"Do you have to define formally the case of digital arrest in penal laws? It has elements of extortion, robbery. Do you need to define this as a standalone offence with serious consequences, along with a provision that when something is found against an accused...his assets will be frozen," CJI Kant suggested, in response.

Justice Bagchi flagged the menace of deepfakes and called for legislative intervention to define such emerging online crimes.

"We have deepfakes now. It can be used for cheating and impersonation. You fight with the given tooth, but you need to chisel it as well. Under Article 142, we cannot define a crime," the judge said.

Solicitor General Tushar Mehta said that the government is working on a law to address deepfakes and digital arrests.

"There is a draft bill which is coming up... It will take care of digital arrests, deepfakes etc," Mehta said.

The suo motu case on digital arrest scams was registered in October 2025 after a couple, who are senior citizens, wrote to the Supreme Court stating that they were defrauded of ₹1.5 crore between September 1 and 16 by scammers impersonating as officials of the CBI, Intelligence Bureau and the judiciary.

The fraudsters had contacted them through phone and video conference and showed them forged Supreme Court orders to coerce payment under threat of arrest.

The Court took note of media reports suggesting that similar scams had occurred across several States and sought responses from the Central government and the CBI. It also requested the assistance of the Attorney General for India.

The Court in December 2025 ordered a probe by CBI into the issue and also called for coordinated action at a pan-India level. In April, WhatsApp told the Court that it had banned over 9,400 accounts linked to digital arrest scams in India over a 12-week period beginning January 2026

Today, Attorney General Venkataramani told the Court that the CBI is presently investigating around 20 major digital fraud cases involving losses of ₹10 crore and above. The remaining cases are being handled by the respective State police authorities, he said.

He also highlighted various security measures being undertaken by the banks and urged the Court to issue the following directions:

1. Direct the RBI to formally adopt and implement the SOP prescribing the action to be taken by banks for temporarily placing debit holds on accounts suspected to be money mule accounts used in cyber-enabled frauds, and ensure its uniform implementation across the country.

2. Issue directions to all States, Union Territories and law enforcement agencies for the expeditious operationalisation of the Grievance Redress Module and the Money Restoration Module, and for the prompt disposal of matters relating to the freezing of bank accounts arising out of cyber-enabled financial fraud.

3. Issue appropriate directions to the High Courts to ensure that aggrieved persons first avail themselves of the grievance redress mechanism before approaching the courts.

4. Direct all States to expedite the establishment and operationalisation of their State Cyber Crime Coordination Centres.

The Court said it will issue directions in the matter on Wednesday.

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