Supreme Court seeks suggestions from WhatsApp and other platforms to prevent digital arrests

According to a report by Hindustan Times, the Supreme Court has ordered WhatsApp and other digital intermediaries to present details of the measures being taken to prevent increasing 'digital arrest' scams and related cybercrimes in the country. In an order uploaded to the court website following a hearing held on 29 October, a bench headed by Chief Justice Surya Kant issued this direction. The bench also includes Justice Joymalya Bagchi and Justice V. Mohana. The Court clarified that these platforms must submit information regarding their proposed measures to the Court as well as to the Indian Cyber Crime Coordination Centre (I4C). The next hearing in this matter has been scheduled for 23 November.

During the hearing, senior advocate Kapil Sibal, appearing on behalf of WhatsApp, informed the Court that the platform has already taken preventive measures. He provided information that action has been taken against approximately 9,400 suspicious accounts so far. Furthermore, WhatsApp is working on developing software that can identify suspicious accounts and warn users. An affidavit providing detailed information on all these measures will be submitted to the Court.

The Supreme Court also emphasised the role of the banking sector. The Court stated that in cases of digital arrest and cyber fraud, it is imperative to hold financial institutions accountable. If an investigation proves that fraud occurred due to a bank's negligence, the banks must compensate the victims for the loss incurred. The Chief Justice raised the question of why banks do not intervene when a customer attempts to transfer a large sum of money that is contrary to their normal transaction pattern. The Court suggested that measures such as temporarily suspending suspicious transactions, informing the nearest police station, and conducting physical verification to check the authenticity of the transaction should be taken.

The Court emphatically stated that the regulatory framework of the Reserve Bank of India (RBI) should have provisions that compel financial institutions to compensate victims. This compensation amount should not be less than the amount lost by the customer. The Court also asked the RBI to submit a list of all authorised financial institutions by the next hearing. The Court noted that although there has been a 50 per cent reduction in cybercrimes this year, victims have lost ₹800 crore so far. The Chief Justice stated that the bench will examine the RBI's 'Know Your Customer' (KYC) reform directives, which are planned to be made public by 30 November and implemented by 31 December 2026.

The Supreme Court is India's highest judicial institution, responsible for resolving constitutional matters and legal disputes. It holds supreme authority to maintain the rule of law in the country and protect the fundamental rights of citizens. In the past, the Court has also delivered several important judgments related to technology and financial security, aimed at protecting common citizens from fraud in the digital age.