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SC orders WhatsApp, others to list measures to prevent digital arrests, cyber crimes

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The Supreme Court has asked WhatsApp and other intermediaries concerned to inform it about their proposed measures to prevent digital arrest scams and related cybercrimes in India.A Bench headed by Chief Justice of India Surya Kant asked WhatsApp and other intermediaries to simultaneously submit their proposals to the I4C (Indian Cyber Crime Coordination Centre) and posted the matter for further consideration on November 23.The top court also directed all the law enforcement agencies in states and Union Territories to submit the status of the FIRs registered so far in connection with digital arrest scam cases and the investigation undertaken. It also asked them to suggest appropriate measures for the prevention, detection and prosecution of such cases.“The Directors General of Police of all States and Union Territories shall ensure compliance with these directions. The information furnished to this Court shall simultaneously be forwarded to the Indian Cyber Crime Coordination Centre (I4C),” it ordered.The order came after Attorney General R Venkataramani placed on record a note dated October 28, 2026, suggesting certain directions on behalf of the Union of India.“While we are inclined to issue appropriate directions, having regard to the suggestions made by the learned Amicus Curiae as well as the Union of India, we consider it appropriate, in the first instance, to examine the Reserve Bank of India (Know Your Customer) Amendment Directions, 2026, which are proposed to be notified by November 30, 2026 and operationalized by December 31, 2026,” it said.The Bench was hearing a suo motu case titled ‘In Re: Victims of Digital Arrest Related to Forged Documents’.“We reiterate and emphasize that the regulatory measures proposed by the Reserve Bank of India (RBI) must mandate and incorporate suitable provisions that require financial institutions to indemnify victims of digital arrest scams and other cyber frauds and pay suitable compensation not less than the amount lost by the customer, where it is established that the fraud or crime occurred due to the failure on the part of the financial institution to exercise due diligence in preventing or reporting the act/incident,” the October 29 order read.Earlier, the top court had emphasised several preventive safeguards to be mandatorily followed by every financial institution. “These may include temporarily suspending unusual or suspicious transactions inconsistent with the account’s past transaction history, automatically intimating such transactions to the nearest police station, and subsequently physically verifying the reported transactions to ascertain their genuineness,” it said.In order to ensure effective implementation of the regulatory measures proposed by the RBI and the directions issued by it, the top court directed the RBI to submit a list of all the authorised financial institutions on the next date of hearing.Senior advocate Kapil Sibal, appearing for WhatsApp, had told the Bench the platform had taken preventive measures, including action against 9,400 accounts, and would file an affidavit detailing the steps undertaken. He had said the platform was working on software to identify suspicious accounts and warn users.

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