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Formulate policy with banks to curb cyber arrest scam: Punjab and Haryana High Court

Citing the gravity of the case and its wider societal impact, the court also denied anticipatory bail in one such matter
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In an attempt to protect people from cyber arrest scams, the Punjab and Haryana High Court on Sunday asked the police in both States as well as in Chandigarh to speak to the banks and form a policy that would safeguard vulnerable citizens. Directions in this regard were issued to the Directors-General of Police for Punjab, Haryana, and Chandigarh.

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Denying anticipatory bail in a cyber fraud case, Justice Harpreet Singh Brar asserted: “This fire must be put out before it claims the lifetime savings of more innocent citizens.” Referring to the severity of cyber arrest scams, the court noted that fraudsters were using artificial intelligence to create fake circumstances and assume identities with alarming credibility, trapping unsuspecting individuals—particularly those unfamiliar with online banking.

“With the advent of technology, the modern society is facing a unique challenge of unethical use of artificial intelligence, which requires special attention of the justice administration mechanism. Cyber arrest poses one such menace, which is being increasingly used to manipulate people into parting with huge amounts of money,” Justice Brar asserted.

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The court observed that scammers operate by instilling a fictional threat of criminal prosecution, preying on people unfamiliar with legal procedures. “Under the fictional threat of impending danger of criminal prosecution, such miscreants target people, who are unfamiliar with technology, especially online banking. The progress made in the field of artificial intelligence enables them to present fake circumstances and assume identities with a concerning level of credibility, making it an easy trap to defraud common man, who is mostly a stranger to the procedure of law,” Justice Brar asserted.

Expressing concern over the specific targeting of senior citizens, the court stated, “The rampant misuse of such technology is rendering many a people financially distressed, especially the elderly people, who are targeted most frequently. Losing one’s retirement fund or contingency fund takes a huge toll on the emotional well-being of the victim as well, with an added burden to engage in, often protracted, criminal prosecution.”

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Recognising the urgent need for preventive mechanisms, the court suggested that the banks introduce a standard operating procedure to detect and halt suspicious transactions. “It may be beneficial for the banks to introduce a standard operating procedure, where suspicious long-distance transactions or any unusual activities, especially involving huge amounts, are put on hold till a bank officer such as the relationship manager confirms the same with the account holder, personally.”

Justice Brar also directed the officials concerned to submit a compliance report before the Registry within three months of receiving the order. Citing the gravity of the case and its wider societal impact, the court also denied anticipatory bail in one such matter.

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