In a recent development highlighting the global need to address cybercrime, the Supreme Court has questioned the Indian government regarding the country's stance on the UN Convention against Cybercrime. During a hearing about a 'digital arrest' scam, Justice Joymalya Bagchi inquired of Solicitor General Tushar Mehta about India's commitment to the treaty, emphasizing its significance in tackling the surge in online frauds.
A digital arrest scam is a complex form of cyber fraud where scammers impersonate law enforcement to convince victims they are under "virtual arrest." These criminals often pretend to be officials from organizations such as the police or the CBI, using fake documents and spoofed communication to instill fear and urgency. Victims, often elderly or professionals, are falsely accused of crimes like money laundering and pressured to transfer money to supposedly secure accounts.
Adopted by the UN General Assembly in December 2024, this Convention is the first comprehensive global treaty targeting cybercrime. It provides a unified framework for nations to prevent and combat various cyber offences, recognizing the borderless nature of cybercrime. Criminals exploit information and communication technologies (ICT) for activities like hacking, data theft, financial fraud, and online exploitation, with law enforcement often hindered by jurisdictional limits.
The treaty aims to foster international cooperation, especially in sharing electronic evidence across borders. Its structure includes a Preamble and nine chapters addressing various issues from criminalization to international cooperation and implementation. Nations are required to criminalize key cyber offences and align their laws to facilitate extradition, mutual legal assistance, and quick evidence preservation.
A Conference of States Parties will oversee compliance and progress, with the treaty becoming binding once ratified by 40 states. The United Nations Office on Drugs and Crime acts as the secretariat for the treaty's implementation.
Highlighting the importance of global collaboration, the Supreme Court has urged the Indian government to consider ratifying the UN Convention against Cybercrime. Without international coordination, tracing financial trails in cyber frauds remains a challenge. The Solicitor General noted that India has yet to ratify the treaty.
In a notable decision, the Court ruled that those accused in a digital arrest fraud case, where a 72-year-old lawyer lost ₹3.29 crore, should not be granted bail until investigations conclude. This decision underscores the need for stringent measures as the 90-day chargesheet deadline approaches.
Responding to an elderly couple's complaint about losing ₹1.05 crore, the Supreme Court had previously sought inputs from the Ministry of Home Affairs and the CBI. The scammers allegedly used forged orders to intimidate victims. In response to the increasing cyber fraud, the Supreme Court proposed transferring all digital arrest cases to the CBI, urging states to provide case details for a coordinated response.
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