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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
In Re : In The Matter Of Tackling The Issue Of ‘Digital Arrest Scams’, Cyber Crimes And Saving The Innocent People From Loosing Their Money And Lives
ORDER :
By the Court:
1. Day in and day out it has been observed by this court in several electronic, print and social media reports that over the last few years, Cyber Crimes and the offences like ‘digital arrest’ have increased worldwide and in our country thousands of innocent people have been trapped in it and they have lost huge amount of their hard earned money and also lost their lives. Increase of ‘digital arrest’ cases have been highlighted the alarming rise of such scams targeting the individuals from every walk of life.
2. 'Digital arrest' is a new and innovative tactic employed by scammers/cybercriminals to defraud gullible victims and extort money. The modus operandi in this cybercrime method is that fraudsters pose as law enforcement officials such as Police, Enforcement Directorate, CBI, etc. and manipulate them into believing that they have committed some serious crime.
3. The scammers deceive the victim into believing that he or she has been put under ‘digital arrest' and will be prosecuted if he/she does not pay the scammers an amount of money as demanded by them. As per cyber experts, the fraudsters in this tactic are using fear and sense of urgency against the victi
Digital arrest scams are illegal and have no legal standing in India, necessitating public awareness and legislative measures to combat them.
The court emphasized the serious nature of cyber crimes, dismissing bail applications and advocating for systemic reforms to improve law enforcement's response to digital crimes.
Digital arrest – Grant of bail may adversely affect investigation/trial and provide opportunity to influence witnesses or manipulate electronic evidence.
In cases of organized cyber fraud involving digital arrest and the forgery of judicial documents, the court must prioritize the gravity of the offense, the risk of flight, and the potential for witne....
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