Supreme Court can direct courts not to grant bail in digital arrest cases

The Supreme Court has identified cyber fraud occurring through digital arrest as 'digital loot'. CJI Surya Kant stated that this crime is more serious than ordinary extortion. The court has suggested that extreme strictness should be dealt with such ruthless criminals and if there is a provision in the law for punishment before trial, it should be utilised. The court also suggested that in cases of digital arrest, the court can issue directions that bail should not be granted.

According to a report by Dainik Bhaskar, a bench of Supreme Court's Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana was hearing the application of Gaurav Kumar Saha and Nidhi Bhandari. The applicants had demanded that 35 cyber crime cases registered in 12 states be brought to one place. They are accused that their company's bank accounts were used to deposit and forward fraudulent money. The applicants argued that they themselves were victims of fraud and their accounts were used without their knowledge. Regarding this matter, the court said that victims cannot be summoned to Delhi for the convenience of the accused, nor can permission be given to affect investigations ongoing in different states.

The Supreme Court has termed the ₹54,000 crore fraud caused by digital fraud as loot and robbery. The court noted that this amount is more than the budget of many small states. Therefore, the court has asked the Central Government to formulate guidelines in this regard. Earlier, on 28 July, 2026, the Supreme Court had asked to formally define digital arrest in the criminal law and to consider declaring it a separate offence with strict punishment.

The bench further stated that in such cases, the property of the accused can be frozen after solid evidence is obtained against them. According to cyber security company Arctic Wolf, the risk of cyber fraud may increase during festivals due to rising online shopping and digital payments. Criminals can send fake messages in the name of heavy discounts, parcel delivery, bank alerts, KYC updates, and electricity bills. Private information can be stolen through links sent via SMS, WhatsApp, and email.