HC calls for robust probe to tackle cybercrime

The Punjab and Haryana High Court has called for a more stringent approach for tackling the alarming rise in cybercrime and online fraud after observing that such offences have resulted in significant financial losses to innocent individuals. Justice Manjari Nehru Kaul also called for robust investigation and stringent action to deter cybercriminals while asserting that technological platforms were being exploited by criminals to deceive unsuspecting victims.

The assertions came on a petition filed against the State of Haryana and other respondents by an accused for anticipatory bail in a cheating case registered under Sections 318(4) and 61(2) of the BNS at cybercrime police station in Fatehabad. The Bench was told that the petitioner was accused of orchestrating a fraudulent scheme, which involved duping an individual by manipulating credit card transactions.

The case stemmed from a complaint by a credit card holder contacted via WhatsApp by an unknown person claiming to offer an upgrade to an international debit card. Despite declining the offer, the complainant was “manipulated” into clicking a fraudulent link and increasing his online transaction limit. Subsequently, unauthorised transactions of Rs 72,487.48 were made on the complainant’s credit card. The victim then lodged a complaint alleging fraud on September 22, 2024.

The Bench was told that the investigation led to the arrest of a co-accused, who allegedly disclosed that the petitioner had introduced him to a scheme involving the payment of electricity bills with a promise of a commission. The co-accused added that the petitioner had orchestrated similar fraudulent activities, including inducing another individual to pay an electricity bill of Rs 39,656 under the false promise of a 1 per cent return.

The court found that the petitioner appeared to be central to the fraudulent activities. Justice Kaul observed the petitioner appeared to be a key participant in a gang engaged in cybercrime. His alleged role in devising and executing the fraudulent scheme suggested that “he played a central role possibly as the mastermind”. As such, his custodial interrogation was essential to uncover the broader modus operandi and also about other potential accomplices.

Expressing concerns regarding the rise of cybercrime, Justice Kaul added: "The ease with which unscrupulous elements/criminals are exploiting technological platforms has been resulting in significant financial losses to innocent persons. This growing menace requires the necessity of robust investigation and stringent action to deter cyber criminals and safeguard the interest of the public”.

Dismissing the plea, Justice Kaul added that the petitioner did not deserve the extraordinary concession of anticipatory bail.