Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: CBI to investigate Digital Arrest scams
Context:
The Supreme Court’s recent decision to empower the Central Bureau of Investigation (CBI) to investigate and combat the growing menace of “digital arrest” scams.
Key Takeaways:
- The Supreme Court, deeply concerned about the escalating cases of cyber fraud, particularly those targeting senior citizens through “digital arrest” scams, has directed the CBI to take immediate action.
- The court’s decision, driven by the alarming scale of the fraud (estimated at ₹3,000 crore), grants the CBI a “free hand” to investigate these scams and associated financial crimes, including the role of bankers in facilitating the opening of mule accounts used to launder illicit funds.
Overriding State Consent (Section 6 of the Delhi Special Police Establishment Act):
- Exceptional Circumstances: The court acknowledged that directly ordering the CBI to investigate, overriding the requirement for state consent under Section 6 of the Delhi Special Police Establishment Act, is an extraordinary step.
- Justification for Overriding Consent: The court justified its decision by citing the Pan-India nature of the scams, the need for a coordinated investigation, and the potential for state-level investigations to be hampered by jurisdictional limitations.
- Directive to States: The court directed several states (Bihar, Tamil Nadu, Karnataka, Kerala, West Bengal, Madhya Pradesh, Uttarakhand, Rajasthan, Punjab, Maharashtra, Meghalaya, Jharkhand, and Tripura) to grant consent to the CBI under Section 6 of the Delhi Special Police Establishment Act to investigate “digital arrest” cases under the IT Act, 2000 within their respective jurisdictions.
Implications of the Supreme Court’s Order:
- Enhanced Investigation and Prosecution
- Greater Public Awareness
- Strengthened Cyber Security Measures
- Potential Challenges: The CBI may face challenges in coordinating investigations across multiple states and in gathering evidence in the complex digital landscape.
- Increased Accountability: The investigation of mule accounts and the potential involvement of bankers could lead to increased accountability within the financial sector.
By granting the CBI a “free hand” and overriding state consent, the court has signaled its determination to protect vulnerable citizens from these scams and to hold perpetrators accountable.
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2025 preparation.
FOLLOW US ON:
◉ YouTube : https://www.youtube.com/@CivilsPrepTeam
◉ Facebook: https://www.facebook.com/LaExcellenceIAS
◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040