Supreme Court Mandates SOPs to Curb 'Digital Arrests', Ensure Time-Bound Refunds | Current Affairs | Vision IAS

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ESC

In Summary

  • SC directs Centre, RBI, States to curb digital arrest cyber-frauds via SOPs, debit holds on mule accounts, and e-Zero FIRs.
  • SC mandates CBI to probe organized cyber-networks below ₹10 crore and MeitY/DoT to assess Kill Switch feasibility.
  • Digital arrest uses fake warrants for extortion; funds are laundered via mule accounts, facing challenges in recovery.

In Summary

The Supreme Court (SC) directed the Centre, RBI, and States to formulate Standard Operating Procedures (SOPs) curbing ‘digital arrest’ cyber-frauds.

Key Directions Issued by SC:

  • To RBI: Formulate an SOP within four weeks enforcing temporary debit holds on 'mule accounts' linked to cyber-enabled financial fraud.
  • To States and UTs: Operationalize State Cyber Crime Coordination Centres and adopt e-Zero FIR mechanisms in consultation with the Indian Cyber Crime Coordination Centre (I4C) within a four-week deadline.
  • To Inter-Departmental Committee (IDC): Explore a shared liability and victim compensation framework.
    • Also, IDC to instruct the CBI to investigate organized cyber-networks even if the cumulative fraud falls below the ₹10 crore threshold.
  • To MeitY and DoT: Evaluate the feasibility of implementing time-based restrictions on telecom audio and video calls (Kill Switch) to disrupt extortion networks.

Digital Arrest and Related Issues

  • Digital Arrest: It is a psychological extortion technique where scammers impersonate government officials (CBI, police) using doctored arrest warrants, to coerce victims (threatening with immediate arrest) into transferring large sums.
  • Money Laundering: Extorted funds are rapidly divided, routed through multiple "mule accounts," and eventually funneled offshore.
  • Challenges in combating Digital Arrest: Delayed fund freezing, weak inter-agency coordination, fragmented grievance redressal, and low recovery rates.

Pre-existing Safeguards:

  • Institutional Mechanism: Indian Cyber Crime Coordination Centre (I4C), National Cyber Crime Reporting Portal (NCRP) and 1930 Cyber Helpline.
  • Technology Initiative: I4C-RBI MoU (2026) for AI-based detection of mule accounts through MuleHunter.ai.
  • Legal Framework: Information Technology Act, 2000; Bharatiya Nyaya Sanhita, 2023; Prevention of Money Laundering Act, 2002.
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Bharatiya Nyaya Sanhita, 2023

The new criminal code of India, intended to replace the Indian Penal Code, 1860. Section 69 of this Act criminalizes sexual intercourse under the false promise of marriage, a provision the article argues ties women's consent to marital expectations and can misinterpret consensual relationships.

Mulehunter.AI

An artificial intelligence-powered tool developed by the Reserve Bank Innovation Hub (RBIH) designed for the rapid and efficient identification of fraudulent bank accounts used as 'mule accounts' for money laundering.

Indian Cyber Crime Coordination Centre (I4C)

A nodal agency established by the Ministry of Home Affairs to combat cybercrime in India. It provides a framework for coordination among various law enforcement agencies and stakeholders for effective cybercrime management.

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