The Punjab and Haryana High Court has noted that cybercrime and internet fraud have caused substantial financial damages to innocent people, and has asked for a stricter strategy to combat these crimes. While claiming that criminals were using technology platforms to trick unwary victims, Justice Manjari Nehru Kaul also asked for a thorough inquiry and strict measures to discourage cybercriminals.
According to the claims, an accused person petitioned the State of Haryana and other respondents for anticipatory release in a cheating case lodged at the Fatehabad cybercrime police station under Sections 318(4) and 61(2) of the BNS. The Bench was informed that the petitioner was charged with planning a fraudulent scheme that included altering credit card transactions to deceive a person.
The investigation started when a credit card holder complained that an unknown individual had contacted them on WhatsApp and offered to upgrade them to an international debit card. The complainant was “manipulated” into clicking a fake link and raising his online transaction limit even though he declined the offer. The complainant’s credit card was then used for unapproved purchases totaling Rs 72,487.48. On September 22, 2024, the victim then filed a case alleging fraud.
The Bench was informed that a co-accused was arrested as a result of the inquiry after he reportedly revealed that the petitioner had introduced him to a plan that involved paying power bills in exchange for a commission. The co-accused also claimed that the petitioner had planned similar fraudulent schemes, such as tricking someone else into paying a Rs 39,656 power bill in exchange for a fictitious 1% return.
The petitioner seemed to be at the heart of the fraudulent actions, the court concluded. According to Justice Kaul, the petitioner seemed to be a major player in a cybercrime ring. According to his claimed involvement in the planning and execution of the fraudulent operation, “he played a central role possibly as the mastermind.” Therefore, it was crucial to question him while he was in custody in order to learn more about the larger scheme and about other possible collaborators.
Expressing concerns regarding the rise of cybercrime, Justice Kaul added: “The ease with which unscrupulous elements/criminals are exploiting technological platforms has been resulting in significant financial losses to innocent persons. This growing menace requires the necessity of robust investigation and stringent action to deter cyber criminals and safeguard the interest of the public”.
The petitioner did not merit the unprecedented provision of anticipatory relief, Justice Kaul noted in dismissing the motion.
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