The Supreme Court has asked the Center to declare ‘digital arrest’ a crime and make a law on deepfakes. The court also suggested freezing the assets of the accused during the investigation. The government said that it is bringing a draft bill on this.
New Delhi [भारत]July 28 (ANI): The Supreme Court on Tuesday urged the Central government to define ‘digital arrest’ as a separate criminal offense with strict punishment. Also stressed the need for a law to deal with the growing threat of deepfakes and other emerging online crimes.
Court’s comment and government’s response
A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said that where the court forms a prima facie opinion against an accused on the basis of concrete material, the authorities should be given the power to freeze the assets of the person pending investigation. Justice Bagchi highlighted the growing threat posed by deepfakes and stressed the need for legislative measures to define and regulate such emerging online crimes.
Solicitor General Tushar Mehta said the central government is already working on a draft law that will comprehensively address digital arrests, deepfakes and similar cyber-enabled crimes. “A draft bill is coming… it will take care of digital arrest, deepfakes etc,” Mehta said.
Attorney General R Venkataramani, appearing for the Central government, informed the bench that an inter-departmental committee (IDC) is finalizing a comprehensive report examining the existing legal and procedural lapses in dealing with such cyber crimes. Venkataramani also said that the CBI is currently investigating around 20 major digital fraud cases involving losses of Rs 10 crore or more, while other cases are being investigated by the respective state police forces.
The bench said it would pass a direction in the matter on Wednesday.
suo motu cognizance of scam
Last year, the top court had taken suo motu cognizance of incidents of digital arrest scams, in which fraudsters impersonate law enforcement agencies or judicial officers to extort money from citizens, especially senior citizens.
The apex court had in a previous hearing said that forging judicial orders with forged signatures of judges strikes at the very foundation of public confidence in the judicial system, apart from the rule of law. It had said such action was a “direct attack” on the dignity of the institution.
The bench was earlier told that through such scam arrests, fraudsters have defrauded about Rs 3000 crore. The top court had said that coordinated efforts are needed between the Center and the state police to trace this entire gang involved in forgery of judicial documents, extortion, robbery of innocent people, especially senior citizens.
Ambala couple’s case
The bench last week took suo motu cognizance of a complaint filed in the top court by a senior citizen couple, whose lifetime earnings were swindled through a digital arrest scam. A 73-year-old woman from Ambala alleged that scammers used fake Supreme Court orders to keep her under digital arrest and extort over Rs 1 crore.
He had claimed that the fraudsters had presented a fake order purportedly issued by a Supreme Court judge.
The apex court, through the Secretary of the Union Home Ministry, had issued notice to the Union of India, the Director of CBI, the Principal Secretary of the Home Department and the SP Cyber Crime, Ambala. It had also asked the Haryana government and SP Cyber Crime, Ambala to file a status report on the investigation conducted so far. (ANI)
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