CJI Surya Kant Flags Digital Arrest Scams, Calls for Stronger Legal Action

Chief Justice of India Surya Kant has said the Indian judiciary has taken a proactive approach to emerging economic crimes, including digital arrest scams, rather than waiting for Parliament to enact specific laws.

Addressing the closing session of the 43rd International Symposium on Economic Crime in London, Justice Kant said the Supreme Court had recently taken suo motu cognisance of digital arrest frauds, in which criminals impersonate police officers, judicial officials and bureaucrats through video calls to deceive victims.

He said the court had directed the Centre and states to assess the scale of the problem and called for a separate offence with penalties proportionate to the harm caused. He described the move as an example of how the judiciary is responding to new forms of fraud amid rapid technological change.

Justice Kant said India’s framework for tackling economic crime was not based on a single law but had evolved into a layered system of legislation, institutions and judicial principles. He cited the Prevention of Money Laundering Act (PMLA), 2002, and the Fugitive Economic Offenders Act, 2018.

Acknowledging allegations of misuse of the PMLA, including arrests without properly stated reasons and prolonged custody, the CJI said the judiciary had intervened wherever necessary. He highlighted the Supreme Court’s ruling that grounds of arrest must be provided in writing.

Referring to his judgment in the Arvind Kejriwal versus CBI case, Justice Kant said the court could uphold an arrest while granting bail when prolonged pre-trial detention risked becoming punishment. He stressed that due process, proportionality and the presumption of innocence remain central to judicial decision-making.

Justice Kant also highlighted the Insolvency and Bankruptcy Code and international cooperation through Mutual Legal Assistance Treaties, which he said can help recover illicit assets more reliably.

Quoting Kautilya’s Arthashastra, he underscored that economic crime has existed for centuries, concluding that vigilance, cooperation and the rule of law must remain the strongest response to fraud and illicit wealth.