Petition Filed In SC For Expert Committee To Tackle Cyber Fraud

A petition has been filed in the Supreme Court urging the establishment of an expert committee, overseen by a sitting or retired judge, to explore effective measures for controlling cyber fraud.

The petition, submitted by advocate Pradeep Kumar Yadav, highlights numerous incidents where judges themselves have fallen victim to cybercrime.

One notable case cited is that of retired Chief Justice of India RM Lodha, who was duped of 1 lakh in 2019 after receiving fraudulent emails from an account impersonating another retired Supreme Court judge requesting “emergency funds.”

Another alarming incident involved a scammer posing as Chief Justice DY Chandrachud, who sought ₹500 for an “urgent meeting” while claiming to be stranded in Connaught Place.

The petition also references a recent case in which a cybercrime gang impersonated Central Bureau of Investigation officers and created a fake virtual courtroom. This elaborate scheme led to the defrauding of Vardhman Group head SP Oswal, who lost ₹7 crore.

In 2023, retired Bombay High Court Chief Justice Ramesh Devkinandan Dhanuka reported an incident where he was tricked into revealing his PAN card details, resulting in a loss of ₹49,998.

Another case involved the misuse of the identity of Karnataka High Court judge Justice G Narendra. The petitioner himself recounted receiving fraudulent calls and OTPs, prompting him to file a criminal complaint at the Tilak Marg police station on August 16, 2024.

The petition emphasizes the urgent need for a comprehensive legal framework to address the rising tide of cybercrime in India. It states, “In today’s interconnected digital landscape, the prevalence of cybercrime has reached unprecedented levels, posing significant threats to individuals, businesses, and nations alike.” The document points out that as technology evolves, so do the tactics employed by cybercriminals, which now range from sophisticated hacking and ransomware to identity theft and online fraud.

Statistics from the National Crime Records Bureau (NCRB) reveal a concerning increase in cybercrime cases, with incidents rising from 21,796 in 2017 to 27,248 in 2018. In response, the NCRB began categorizing crimes against women and children separately from 2017.

The petition calls for strengthening the existing legal framework established under the Information Technology (Amendment) Act of 2008. It advocates for expanded definitions of cybercrimes and stricter accountability measures for intermediaries regarding content and data on their platforms, urging adherence to stringent data protection protocols.

In the petition, the central government, along with the Ministry of Home Affairs and the Telecom Regulatory Authority of India, have been named as parties to the case.

The outcome could significantly influence how cybercrime is addressed and regulated in India, providing crucial protections for individuals and institutions alike.

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