Digital arrests: SC orders CBI probe, asks states to give consent; bankers also under scanner

The Supreme Court on Monday ordered a CBI probe into digital arrest scam cases across India and asked the agency to also investigate the alleged role of bank officials in colluding with scamsters to dupe unsuspecting customers.

A Bench led by CJI Surya Kant said the CBI, which had taken suo motu cognizance of a letter written by a 73-year-old woman on September 21 informing it that she and her husband were defrauded by using false and forged judicial orders, sought to know from the RBI why it was not using Artificial Intelligence to track and freeze bank accounts used by cyber criminals.

The Bench – which also included Justice Joymalya Bagchi — directed opposition-ruled states such as Punjab, West Bengal, Tamil Nadu, Karnataka and Telangana that have withdrawn general consent for the CBI to investigate cases within their jurisdictions under the Delhi Special Police Establishment Act, 1946 — to give consent to enable the central agency to carry out a comprehensive probe on a pan-India basis.

Giving a free hand to the CBI, the Bench said the agency shall first investigate cases directly reporting digital arrest scams, while other forms of cybercrime may be taken up in subsequent phases. It also ordered information technology service providers to cooperate fully with CBI investigators and provide content and data whenever needed.

It said all states and union territories and their police along with CBI were free to freeze bank accounts used in defrauding citizens.

The Bench directed the CBI to probe bank officials who were allegedly hand-in-glove with scamsters in operating mule accounts operated in somebody else’s name by cyber criminals and used to receive/transfer illicit funds, making it harder to trace the original source of the money for the probe agencies.

The top court made it clear that states and union territories and their police along with CBI were free to freeze bank accounts used in defrauding citizens.

To ensure better coordination with the CBI probe, it asked all states, UTs to set up a regional and state cyber crime coordination centre to deal with such online offences. It asked Solicitor General Tushar Mehta to ensure views of various union ministries, including Ministry of Home Affairs, Department of Telecom, Finance ministry and Ministry of Electronics and Information Technology, on the issue were placed t before it.

Digital arrest is a form of cyber crime in which fraudsters pose as law enforcement or court officials or personnel from government agencies to intimidate victims through audio and video calls. They hold victims hostage and put pressure on them to transfer money.

Expressing shock over the scale of digital arrest cases in which cyber criminals allegedly extort over Rs 3000 crore from victims, including senior citizens, in India, the Supreme Court had on November 3 asserted that it will deal with such cases with an iron hand.

The top court had made these comments after perusing a sealed cover report submitted by the Ministry of Home Affairs (MHA) and the CBI.

On October 27, the Supreme Court had asked all states and union territories to furnish details of digital arrest cases registered by them to probe such scams carried out through forged court orders and impersonation of police and judicial officers.

The Bench had taken suo motu cognisance of a shocking case of digital arrest of an elderly couple in Ambala, Haryana, on the basis of forged orders of the top court and probe agencies by fraudsters to extort more than Rs. 1.05 crore.

The woman had written to the top court that she and her husband were defrauded by using false and forged judicial orders. She alleged that scamsters produced a forged court order with stamp and seal for arrest and surveillance of the couple between September 3 and 16, 2025 to force them to part with over Rs.1.05 crore through multiple bank transactions.

The Ambala woman said the court orders, ED freeze order and arrest order under the PMLA and a surveillance order were shown to her and her husband through multiple audio and video calls by people impersonating as CBI, ED and judicial officers to arrest them.

In its October 17 order, the top court had noted that “the forgery of documents and the brazen criminal misuse of name, seal, and judicial authority of this Court or a High Court is a matter of grave concern. The fabrication of judicial orders bearing forged signatures of Judges strikes at the very foundation of public trust in the judicial system, besides the rule of law.” “Such acts constitute a direct assault on the dignity and majesty of this institution, therefore, such grave criminal acts cannot be treated as ordinary or routine offences of cheating or cybercrime,” the Bench had said.

“Ordinarily we would have directed the State Police to expedite the investigation and take it to a logical conclusion. We are, however, aghast at the fact that the fraudsters have fabricated judicial orders in the name of the Supreme Court of India and various other documents,” it had said.