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SC asks RBI to devise SOP for mule accounts, frauds

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The Supreme Court on Tuesday directed the Reserve Bank of India (RBI) to prepare a standard operating procedure (SOP) for banks to deal with bank accounts linked to cyber frauds, including mule accounts, to help curb digital arrest scams.While issuing a series of directions to strengthen the prevention, investigation and redressal mechanisms relating to the menace, a Bench led by Chief Justice of India Surya Kant asked the RBI to formally adopt and circulate, within four weeks, an SOP prescribing the action to be taken by banks for placing temporary debit holds on accounts linked to cyber-enabled financial fraud.The SOP must incorporate a grievance redressal mechanism, a money restoration module and measures to raise public awareness about these mechanisms, said the Bench, which had earlier asked the Centre to consider formally defining ‘digital arrest’ in criminal law and treat it as a standalone offence attracting stringent punishment.Digital arrest is a growing form of cybercrime in which fraudsters pose as law enforcement officers or court officials to intimidate victims through audio and video calls. They virtually hold the victims hostage and pressure them to transfer money.The Bench, which also included Justice Joymalya Bagchi and Justice V Mohana, directed all states, Union Territories and law enforcement agencies to ensure the expeditious adoption and operationalisation of the grievance redressal and money restoration modules developed for victims of such frauds.Hearing a suo motu PIL titled “In Re: Victims of Digital Arrest Related to Forged Documents”, the top court asked an Inter-Departmental Committee (IDC) constituted by the Centre to examine a framework for shared liability and victim compensation in such cases.The Bench said, “The mechanism already put in place requires wider adoption, faster disposal and continued follow-up.”The court also directed the RBI to provide copies of the SOP to the Registrars General of all high courts who will bring the grievance redressal mechanism to the notice of courts and adjudicating authorities dealing with the freezing of bank accounts. Those aggrieved by the freezing of their accounts should be encouraged to first avail themselves of this mechanism, it said.It asked the states and UTs to undertake appropriate public awareness measures to ensure that citizens were informed about these mechanisms.The top court also asked the authorities to submit a report containing state-wise and bank-wise details of grievances registered and disposed of under the cyber fraud redressal mechanism and ensure the prompt disposal of cases relating to the freezing of bank accounts in cyber fraud investigations.It asked the IDC to consult banks and financial intermediaries on measures to prevent ‘digital arrest’ scams and facilitate the recovery of funds defrauded from victims.On January 24, the Supreme Court issued notices to the Centre, the CBI and others on a petition filed by a 78-year-old retired banker who was duped of Rs 23 crore after allegedly being put under ‘digital arrest’ for nearly a month.

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