New Delhi, Oct 29 Expressing concern over cases of digital arrest, the Supreme Court on Thursday expressed shock at how educated people are getting "arrested on mobile" despite public awareness campaigns, news reports and court orders.
"What is wrong with these victims? How are these victims being trapped like this? They can't understand this basic thing? What's fear of arrest on mobile?
"Hit the mobile on wall and arrest goes. Something is wrong with people. God knows what is there. What kind of person you are in democratic country if you think you are getting arrested on mobile," Chief Justice of India Surya Kant remarked orally.
The observation came after senior advocate NS Nappinai, the amicus curiae in the case, submitted that she keeps receiving repeated inputs that while much was being done to stop digital arrests, the problem continues unabated.
She told the court that a woman lost Rs 2.5 crore last week in such an incident.
The CJI then observed, "They can't understand this basic thing? What's fear of arrest on mobile? Hit the mobile on wall and arrest goes. Something wrong with people. God knows what is there. You are victimising yourself...
"We feel frustrated that all educated people are getting duped. What will you pass on to next generation if you get digitally arrested at this age? People can go to the courts website to find if there's an order," the CJI added.
The bench, also comprising justices Joymalya Bagchi and V Mohana, was hearing a suo motu case titled "In Re: Victims of Digital Arrest Related to Forged Documents" regarding massive financial fraud involving digital arrest scams.
The top court said banks must act as a "protective umbrella" for customers vulnerable to digital arrest scams.
Attorney General R Venkataramani apprised the apex court that digital arrests have reduced by 50 per cent after the court's intervention.
He said banks are now flagging suspicious transactions and he has held meetings with the Reserve Bank of India for rule making.
The top court said it was considering directions requiring banks to compensate victims and face prosecution where digital arrest fraud occurred due to their failure to exercise due diligence.
"We are proposing to direct that wherever such fraud takes place, bank will compensate victim and suffer prosecution. It has to be done," the CJI said.
Observing that banks must be made accountable to indemnify losses of victims of digital fraud, the bench said that victims of offences like digital arrests should receive compensation of at least the amount lost if the fraud is found to have resulted from a failure of due diligence by the financial institution.
