- Tamil Nadu used preventive detention laws to detain cybercriminals amid rising cyber threats
- The Supreme Court endorsed this approach, citing traditional laws as insufficient for cybercrimes
- Preventive detention allows holding suspects without trial for up to three months to prevent crimes
Amid growing cyber threats across the country, the Tamil Nadu government adopted a strong approach by detaining cybercriminals under preventive detention laws. The move received appreciation from the Supreme Court, which said such measures were necessary to tackle surging financial frauds, adding traditional criminal laws were not enough to deal with this new-age threat.
A bench of justices Sandeep Mehta and Joymalya Bagchi said, "It is a good trend coming from the state to use preventive detention laws against cyber offenders. It is a very welcome approach," as per Live Law.
What Are Preventive Detention Laws?
Preventive detention laws permit authorities to hold people without conviction or trial if they are suspected of committing a crime or engaging in an action that could endanger public safety or national security. The purpose of these laws is to prevent potential crimes.
Articles 22(3) to 22(7) of the Indian Constitution allow the government to detain an individual without trial if it believes they are a threat to national security or public order. The detained person is kept in police custody, for not more than three months, on the basis that they might commit a crime in the near future.
What Did The Supreme Court Say?
The Supreme Court pointed out that traditional laws, where police usually file an FIR, investigate, make arrests, and wait for a court trial, take time. During this delay, cybercriminals often escape and repeat their offences. This recurring crime was affecting the whole economy.
The two-judge bench said, "Normal criminal laws are not proving successful against these offenders." It said that such strong measures were needed as cybercrimes were rising at an alarming rate in the country, making people emotionally and financially broken.
What Happened In Tamil Nadu?
Tamil Nadu detained Abhijeet Singh under the Prevention of Dangerous Activities Act, 1982, also known as the Goonda Act. Singh allegedly duped a woman of Rs 84.5 lakh in a cyber fraud and invested over Rs 12 lakh in companies in his and his family's names, as per India Legal.
The state government informed the court that the cybercrime was taking a toll on the economy. During the investigation, they found Rs 44,000 in cash, over 100 credit and debit cards, five mobile phones, and 27 bank accounts, out of which 17 were already used in similar frauds across the country.
