Judiciary proactively responded to emerging fraudulent schemes like digital arrest: CJI

New Delhi - Chief Justice of India Surya Kant emphasized on Saturday that the Indian judiciary has taken proactive measures to address emerging fraudulent schemes, such as digital arrest scams, instead of waiting for Parliament to act. During the 43rd International Symposium on Economic Crime in London, the CJI highlighted that the Supreme Court recently took suo motu cognizance of the digital arrest scam, where fraudsters impersonate law enforcement officials to defraud citizens.

The court has directed the Union and states to assess the prevalence of this issue and called for a distinct offense to be established, with penalties proportionate to the harm caused, Kant stated. This trend reflects the judiciary's proactive stance against fraudulent schemes, rather than relying on legislative solutions, Kant noted.

He pointed to the Prevention of Money Laundering Act (2002) and the Fugitive Economic Offenders Act (2018) as examples of the layered legal framework that has evolved over decades to tackle economic crime. The CJI also recounted instances where the judiciary intervened to rectify misuse of the PMLA process and the balance struck in the Arvind Kejriwal versus Central Bureau of Investigation case, which upheld arrest legality while granting bail to prevent pre-trial punishment.

Kant reiterated the court's unwavering commitment to due process, proportionality, and the presumption of innocence throughout its long-standing jurisprudence. He highlighted the Insolvency and Bankruptcy Code's relationship with criminal proceedings and the increasing acceptance of parallel civil recovery alongside criminal trials.

Kant drew a parallel between India's experience and other nations, emphasizing the importance of Mutual Legal Assistance Treaties in recovering stolen assets. He concluded by underscoring that vigilance, cooperation, and the rule of law are essential to combating fraudulence effectively.