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Top Court Grants 'Free Hand' To Probe Agency In Digital Arrest Investigations

The Supreme Court on Monday gave the CBI complete freedom to investigate the role of bankers in digital arrest scams under the Prevention of Corruption Act, adding that it will be the first to probe such cases.

Top Court Grants 'Free Hand' To Probe Agency In Digital Arrest Investigations

The Supreme Court on Monday gave the Central Bureau of Investigation (CBI) complete freedom to investigate the role of bankers in digital arrest scams under the Prevention of Corruption Act, adding that it will be the first to probe such cases.

The agency has been given open permission to access phone data, freeze bank accounts and probe bank officials in connection with digital arrest cases.

The top court also directed authorities under the IT Intermediary Rules 2021 to fully cooperate with the CBI during the probe, especially when it comes to sharing data. They have been asked to store mobile phone data for all phones reported for cyber crimes and named in FIRs. Further, it directed states to ensure approval is granted for investigations under the IT Act to ensure that the CBI can conduct large scale operations country wide.

Flagging that multiple SIM cards are issued in the same name, the court asked telecom operators to cooperate in the investigation. The Supreme Court has also asked the telecom department to file a reply on how they plan to prevent the misuse of SIM cards.

The CBI has been directed to identify police officers from each state who will help in the investigation, while Interpol assistance will be sought when cases have an international angle.

The top court also issued a notice to the Reserve Bank of India (RBI) in the suo motu case, asking it to help in determining when artificial intelligence and machine learning will be implemented to identify such accounts and freeze the proceeds of crime.

The Bench also directed that state governments establish cyber crime centers expeditiously and inform the court if they encounter any obstacles.

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