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

In his concluding remarks at the 43rd International Symposium on Economic Crime in London, Chief Justice of India (CJI) emphasized that the Supreme Court has taken proactive measures to combat emerging fraudulent schemes, such as "digital arrest." This scam involves fraudsters impersonating law enforcement officers or government officials over video calls to defraud citizens.

Consequently, the court has directed both the Union and State governments to assess the extent of this problem and establish a distinct offence with penalties commensurate with the harm caused. The CJI noted that India's response to economic crime is not governed by a single statute but by a layered framework of legislation, institutions, and judicial doctrine developed over multiple decades.

He highlighted key legislation like the Prevention of Money Laundering Act (PMLA) 2002 and the Fugitive Economic Offenders Act 2018, while also acknowledging instances of misuse and the judiciary's intervention to rectify them. The CJI reiterated the court's consistent adherence to due process, proportionality, and the presumption of innocence throughout the decades, even as legal and technological landscapes evolved.

He pointed out that despite advancements, the apex court remains committed to these principles. The CJI also discussed the Insolvency and Bankruptcy Code 2016, which operates alongside criminal proceedings, and noted the increasing comfort with parallel civil recovery in cases where criminal trials are prolonged. Additionally, he emphasized the importance of Mutual Legal Assistance Treaties with other countries, despite their imperfections, in recovering stolen assets.

The CJI concluded by drawing parallels from Kautilya's Arthashastra, highlighting the ancient challenge of officials misappropriating state wealth, and stressed that the solution involves vigilance, cooperation, and unwavering adherence to the rule of law.