‘Digital Dacoity’: Supreme Court Refuses To Club 35 Cybercrime Cases Across 12 States

The Supreme Court on Wednesday declined to consolidate 35 cybercrime cases against two people accused of allowing their company’s bank account to receive proceeds of fraud, saying their convenience could not take precedence over victims’ rights or investigations across 12 states.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana described digital-arrest scams and similar offences as “digital dacoity” while hearing the plea filed by Gourab Kumar Saha and Nidhi Bhandari.

“Digital arrests and such cyber offences are digital dacoity… there is no question of giving any judicial forum to such persons,” the bench said.

The court strongly criticised organised cybercrime networks targeting elderly people. Referring to one complaint, the CJI said: “An 81-year-old from Ernakulam was defrauded of ₹1.90 crore and his money was deposited in your mule account.”

“You decided to use the account of your company for cyber crime like digital arrest,” the bench said.

Justice Bagchi questioned why victims should have to travel to Delhi to accommodate the accused’s request to bring the cases together. He said the court could examine consolidation if Delhi Police sought it to facilitate the investigation.

“Your right to seek transfer of cases to a place of your convenience cannot override the right of the victims and the investigating agency… We can consider if Delhi police says so for the convenience of investigation. We do not take your weight to dilute the investigation across the country,” Justice Bagchi said.

The CJI also questioned whether a victim could be expected to seek redress in Hong Kong or Bangkok simply because the defrauded money had been transferred there.

The plea was ultimately withdrawn after the bench refused to entertain it. The accused face 35 cases in states including Delhi, Maharashtra, Kerala, Telangana and Gujarat.