Judiciary active on digital arrest, not waiting for new law: CJI Surya Kant
CJI Surya Kant said that the Indian judiciary is taking proactive steps against new economic crimes like digital arrest. He said that the courts are not waiting for a new law. The CJI also emphasized on PMLA and rights in the arrest process.
New Delhi: Chief Justice of India (CJI) Surya Kant has said that the judiciary is taking proactive steps against fast-changing economic crimes like digital arrest. He said that the courts are not just waiting for Parliament to make new laws to deal with such new crimes. CJI Surya Kant said this while addressing the concluding session of the 43rd International Economic Crime Seminar held in London on Saturday. He expressed his views on many important aspects related to the changing nature of economic crimes, digital fraud, money laundering and accountability of investigating agencies.
A major part of his address was related to frauds like 'digital arrest', in which cyber criminals scare people through video calls or other digital means by pretending to be officers of law enforcement agencies and then extort money from them.
Supreme Court's activism on digital arrest
CJI Surya Kant said that the Supreme Court had recently taken suo motu cognizance of cases related to digital arrest. The objective of this initiative of the Court is to understand the prevalence of such cyber frauds and assess the need for effective institutional measures to combat it.
In cases of digital arrest, criminals often mislead the victim by pretending to be a police officer, investigating officer, judicial officer or employee of a government department. After this, they are asked to transfer the amount under the threat of alleged arrest, money laundering or any criminal case.
The CJI said that such crimes are emerging differently from traditional economic crimes. With the increasing use of digital technology, the methods of criminals are also changing rapidly. Therefore, it is necessary to develop law and institutional arrangements in accordance with these changes.
Asked central and state governments to assess the situation
According to the Chief Justice, considering the seriousness of digital arrest, the Court has directed the Central and State Governments to assess the scope of this problem.
Its objective is to understand to what extent such fraud has spread in the country and how effective the existing law and investigation system is in dealing with it. The court has also pointed out the need for separate or more effective legal provisions for such crimes.
In such provisions, the punishment system can be considered keeping in mind the financial loss caused by the crime and the impact it has on the victim.
The system will have to change with changing crimes
CJI Surya Kant described the change in the nature of economic crimes as part of a broader trend. He said that financial crimes are no longer limited to traditional methods only. Digital technology, online banking and rapidly evolving financial mediums have also created new avenues of crimes.
Investigation of such crimes requires technical expertise, financial information and better coordination between different agencies. The role of the judiciary also becomes important in this changing environment, as the emergence of new types of crimes requires interpretation of existing legal provisions and their effective application.
The Chief Justice indicated that the work of the judiciary does not begin merely after new laws come into force. Courts can intervene on emerging challenges while protecting the rights of citizens within the existing constitutional and legal framework.
'Layered architecture' to tackle economic crimes in India
CJI Surya Kant described India's system to deal with economic crimes as a 'layered architecture' i.e. a system with many levels.
According to him, this system is not based on any one law. It has evolved over the past several decades through various laws, institutions and judicial doctrines. Institutions and legal provisions operate at different levels to investigate and prosecute economic crimes.
In this system, laws related to money laundering, fugitive economic offenders and other financial crimes play an important role. Along with this, the judiciary also reviews the constitutional limits of the use of these laws and the civil rights.
Mention of PMLA and Fugitive Economic Offenders Act
In his address, CJI Surya Kant also mentioned the Prevention of Money Laundering Act (PMLA), 2002 and the Fugitive Economic Offenders Act, 2018.
The objective of PMLA is to provide a legal framework to investigate cases related to money laundering and take action against property obtained from crime. The Fugitive Economic Offenders Act aims to deal with economic offenders who flee the country after committing serious financial crimes and try to avoid the Indian judicial process.
However, the CJI clarified that these laws and systems cannot be considered completely isolated from criticism. In any strong legal system, judicial review of its use and effect is necessary.
Judicial intervention on alleged misuse of PMLA
CJI Surya Kant also mentioned complaints related to alleged misuse of PMLA by investigating agencies. He said that in some cases, people have alleged that clear grounds for arrest were not given or they were detained for longer than was necessary compared to the available facts.
The judiciary has intervened on several occasions in the context of such complaints. Its objective is to maintain a balance between the powers of the investigating agencies and the fundamental rights of the accused.
The state gets wide powers in the investigation of economic crimes, but it is necessary to use these powers within the framework of legal process and constitutional protection. The courts monitor this balance.
Written information about the basis of arrest is necessary
The Chief Justice also referred to the important decision of the Supreme Court, in which the rights of the accused related to the grounds of arrest have been clarified.
The court has said that merely reading out orally the reason for arrest of the accused is not sufficient. It is necessary to provide information on the grounds of arrest in writing.
This system provides an opportunity to the accused to understand the reasons for which he has been arrested and to take effective steps for his legal protection. The mention of this aspect in the CJI's address underlines the importance of transparency and individual independence in the judicial process.
New challenge before investigating agencies in digital crimes
Crimes like digital arrest have created new challenges for the police and investigative agencies. Criminals may target victims from other states or countries. They cheat people by using fake identities, video calls, digital documents and banking channels.
In these cases the extent of the crime is not limited to one city or state. Money can travel through multiple bank accounts or through digital means to reach other places. Therefore, coordination between states and various agencies becomes very important for investigation.
Police action alone is not enough to deal with cyber crimes. Collaboration between banking institutions, digital payments companies, the telecom sector and technology experts is also important.
Better coordination between judiciary, government and agencies is necessary
CJI Surya Kant stressed the need for better coordination between the judiciary, government and investigating agencies to effectively deal with economic crimes.
Economic crimes are becoming increasingly technologically complex. In such a situation, along with equipping the investigating agencies with modern technology and expertise, it is also necessary to ensure that the action is in accordance with the law.
The judiciary plays an important balancing role in this entire process. On the one hand, considering the seriousness of the crime, effective action is necessary, while on the other hand, protection of the legal and constitutional rights of the accused and citizens is equally important.
Changing challenges before law in the cyber age
CJI Surya Kant's address points to the broader challenge that with the rapid expansion of technology, the nature of economic crimes is also changing. Digital arrest is a prime example of this, where criminals use both technology and fear to target people.
Judicial activism against such crimes in India indicates that the interpretation and application of the existing legal system needs to be adapted to new circumstances. Also, civil liberties, fairness of investigation and safety of victims will have to be kept in mind while considering new legal provisions.
CJI Surya Kant's message broadly is that the changing nature of economic crimes cannot be combated merely by making new laws. This requires a balance between strong institutions, efficient investigation, technical expertise, judicial oversight and citizens' rights.