The Supreme Court on Tuesday suggested that the Union government define “digital arrest” as a standalone offence under criminal law with stringent punishment and provisions to freeze the assets of accused persons once a prima facie case is established.
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing a suo motu case on tackling digital arrest scams and online frauds.
Attorney General R. Venkataramani informed the Court that an Inter-Departmental Committee is finalising a report to identify gaps in the existing legal framework. In response, the CJI observed that digital arrest offences, which involve elements of extortion and robbery, may require a separate statutory definition.
Justice Bagchi also highlighted the growing threat of deepfakes, stressing the need for legislative intervention, while noting that the Court cannot create new offences under Article 142. Solicitor General Tushar Mehta informed the Bench that a draft law addressing digital arrests and deepfakes is under preparation.
The Court was hearing a suo motu case initiated in 2025 after senior citizens were allegedly duped of Rs 1.5 crore by fraudsters posing as CBI, Intelligence Bureau and judicial officials using forged Supreme Court orders.
The Attorney General informed the Court that the CBI is currently investigating around 20 major cyber fraud cases involving losses exceeding Rs 10 crore, while State police are handling other cases. He also sought directions for uniform RBI guidelines on freezing suspected mule accounts, speedy operationalisation of cyber fraud grievance mechanisms, establishment of State Cyber Crime Coordination Centres, and requiring litigants to first exhaust grievance redress mechanisms before approaching courts.
The Bench said it would pass directions in the matter on Wednesday.
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