SC mulls CBI probe into all digital arrest cases; seeks details of FIRs from states, UTs

New Delhi | The Supreme Court on Monday said it is inclined to entrust to the CBI the probe into digital arrest cases after taking into consideration the magnitude and pan-India spread of such crimes, and sought details of FIRs registered in different states and Union territories.

A bench of Justices Surya Kant and Joymalya Bagchi issued notices to all states and UTs on digital arrest cases.

Digital arrest is a growing form of cybercrime in which fraudsters pose as law enforcement officials or personnel of government agencies to intimidate victims through audio and video calls. They hold the victims hostage and put pressure on them to pay money.

The top court has taken cognisance of a glaring case of the so-called digital arrest of a senior citizen couple in Haryana's Ambala on the basis of forged orders of the court and probe agencies by fraudsters to extort Rs 1.05 crore.

"Meanwhile, let notice be issued to all states and Union Territories through their standing counsel, returnable on November 3, 2025. The states and Union Territories are directed to furnish details of the cases of cyber arrest pending investigation in their respective jurisdiction. In this regard, they need not file any formal counter affidavit," the bench ordered.

The top court noted the submissions of Solicitor General Tushar Mehta, appearing for the Centre and the CBI, that cybercrime and digital arrest cases are originating from offshore locations like Myanmar and Thailand and directed the probe agency to come up with a plan to probe these cases.

"We will monitor the progress of the CBI investigation, issue whatever directions are necessary," it said.

Mehta, who furnished a note to the bench, said that the CBI is already probing similar cases and what it has found is beyond expectations and, therefore, the agency may need some important directions.

"It has been found that there are three pillars -- financial, technical and human. Sometimes, people are lured abroad with promises of employment. Once they reach there, their passport is taken away and they are told that a large amount of money has been spent on them and they must recover it by generating funds online. They are treated as human slaves," Mehta said.

He said that these areas are called "scam compounds" and normally operate from countries that do not have extradition treaties with India.

The bench asked the CBI to respond whether it needs more resources, including cyber experts who are not in the police force, to investigate digital arrest cases.

Justice Bagchi said it is an "international issue" and referred to the recent crackdown on such cybercrime gangs operating from Myanmar.

"The question is whether the CBI will be able to handle the volume of such cases because it should not happen like in cases of Ponzi schemes, where later the probe agencies were seeking to offload the cases and the court has to step in," Justice Bagchi told Mehta.

Justice Kant said the CBI may come up with its plan and inform whether it needs more resources to investigate digital arrest cases.

"Seeing the volume of cases, we want to know whether the CBI has the human and technical resources to deal with all the cases if they are transferred," he said.

Mehta said that the CBI is already taking help from the cybercrime division under the Ministry of Home Affairs, where technical experts from various fields are working.

Justice Bagchi referred to a recent treaty which was passed by the United Nations for intelligence sharing on cybercrimes and said agencies like Interpol and local agencies could be of help.

At the outset, Attorney General R Venkataramani, appearing for the Centre, said that there are money laundering networks behind these cybercrime scams based outside India.

The counsel for Haryana said that they have no objection to the two FIRs related to defrauding of an elderly couple registered by the Cybercrime Branch in Ambala being transferred to the CBI for investigation, but there are other cases also that need to be looked into.

The bench asked him to furnish the details of those cases within a week, so that they can also be transferred to the CBI.

It posted the matter for further hearing on November 3.

On October 17, taking note of the rising incidents of online fraud in the country, especially digital arrests to dupe citizens by fabricating judicial orders, the top court sought responses from the Centre and the CBI, saying such offences strike at the "very foundation" of public trust in the system.

The apex court had flagged the rising number of digital arrest cases across the country and said forging apex court, high court orders and signatures of judges to digitally arrest innocent people, including senior citizens, strikes at the bottom of trust and faith of people in judicial institutions.

It said the forgery of documents and the criminal misuse of the name, seal and judicial orders of this court or high court is a matter of grave concern, and such criminal acts cannot be treated as an ordinary or solitary offence of cheating or cyber crime.

The matter was brought to the court's notice by the complainant, an elderly woman who alleged that scamsters produced a forged court order with a stamp and seal for the arrest and surveillance of the couple between September 3 and 16 to defraud over Rs 1 crore through multiple bank transactions.

The woman said the court orders were shown through multiple audio and video calls by people impersonating as CBI, ED and judicial officers to arrest them.

The top court was informed that two FIRs were lodged with the cyber crime department at Ambala under various provisions of the Bharatiya Nyaya Sanhitya (BNS).