Cyber Crime
05.12.2025
Cyber Crime
Context
To counter the rapid rise in cyber fraud, particularly “digital arrest” scams, the Supreme Court has granted the Central Bureau of Investigation (CBI) an unprecedented mandate, giving it a “free hand” to investigate and dismantle these operations. The Court's intervention aims to strengthen national cybercrime enforcement by targeting every layer of the criminal network.
About the News
Key Directives:
• Action Against Enablers: The Court instructed the CBI to identify, investigate, and arrest bankers and financial officials who assist cybercriminals by facilitating fake bank account creation or enabling illicit fund transfers.
• Platform Accountability: Digital intermediaries such as WhatsApp, Facebook, Instagram, and other social media platforms should must fully cooperate with the CBI during investigations without delay.
• Integrated Crackdown: The Court emphasized the need for a comprehensive approach, addressing both technical perpetrators and the financial infrastructure supporting cybercrime.
About the Central Bureau of Investigation (CBI)
Status and Origin:
• The CBI is neither a statutory body nor a constitutional body.
• Its legal authority stems from the Delhi Special Police Establishment (DSPE) Act, 1946.
• It was formally established by a 1963 government resolution under the Ministry of Home Affairs, later placed under the Ministry of Personnel.
Administrative Structure
• Nodal Ministry: Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions.
• Appointment of Director: Made by a high-level committee consisting of:
– Prime Minister (Chairperson)
– Chief Justice of India or a Supreme Court Judge nominated by the CJI
– Leader of the Opposition in the Lok Sabha
This mechanism ensures independence from political interference in senior appointments.
Federal Challenges: The Consent Mechanism
Because police and public order are State List subjects, the CBI cannot automatically operate within state boundaries.
Section 6 of the DSPE Act:
• Requires the CBI to obtain State Government consent before using its investigative powers in that state.
Types of Consent:
• General Consent:
– Allows the CBI to investigate cases involving central government officials and certain offences without seeking approval each time.
– Ensures administrative continuity.
• Case-Specific Consent:
– Needed when general consent is absent.
– Requires separate permission for every new case.
Withdrawal of Consent:
• Several states—such as West Bengal, Kerala, Rajasthan, and Maharashtra—have withdrawn general consent, citing misuse of the CBI for political purposes.
• As a result, the CBI must seek case-specific approval, slowing investigations and complicating federal coordination.
Conclusion
The Supreme Court’s directions mark an important policy shift toward centralised action against cyber fraud. By empowering the CBI to act decisively against financial facilitators and mandating cooperation from digital platforms, the Court has acknowledged the transnational and borderless nature of modern cybercrime. The ruling strengthens India’s institutional capacity to respond to digital threats that surpass the investigative capabilities of individual state police forces, reinforcing the need for a coordinated national strategy.