Chief Justice of the Delhi High Court, DK Upadhyaya, issued a stark warning on Monday, stating that technology-driven crimes like digital extortion present a formidable challenge not only for police but also for the judiciary and legal professionals.
A Crime Affecting Every Stratum of Society
Speaking as the chief guest at a book release event on digital extortion held at the high court, Justice Upadhyaya emphasized the pervasive nature of these offences. He observed that acts previously unimaginable as crimes are now a reality, with victims spanning all sections of society. "From a poor labourer to a businessman with a huge turnover, it is affecting everyone and happening everywhere," he stated, highlighting the universal threat.
The Chief Justice underscored the massive scale of the problem, noting that reports of such crimes are flooding in from across the nation. He stressed that this surge demands a concerted effort from all pillars of the justice system. "It requires not just police and prosecution to hone their skills, but also demands the same from judges and lawyers," Justice Upadhyaya asserted.
The Complexity of Technology-Based Evidence
A core challenge identified by the Chief Justice lies in the intricate nature of evidence in cybercrime cases. He pointed out that evidence is predominantly technology-based and highly complex, while convictions still require unimpeachable proof. This gap necessitates that legal professionals rapidly acquire new knowledge. "We need to learn about the proper use of evidence and the assessment of crime scenes," he advised, calling for systemic upskilling within the legal community.
Echoing these concerns at the same event, Justice Prathiba M Singh remarked that nearly all modern crime now incorporates a technological element. She used a powerful analogy to describe the race between law and technology: "Technology and law enforcement is like the proverbial hare versus tortoise story." Justice Singh defined digital extortion as a new category of borderless cybercrime, with primary objectives of intimidation, psychological control, and financial extortion.
Supreme Court Steps In, Orders Pan-India CBI Probe
In a significant development highlighting the gravity of the situation, Justice Singh revealed that the Supreme Court has taken cognizance of the issue. The apex court has directed the Central Bureau of Investigation (CBI) to initiate a unified, nationwide investigation into digital extortion cases. The CBI has been asked to coordinate and seek inputs from other agencies, including the Reserve Bank of India (RBI).
This suo motu action by the Supreme Court was triggered by a complaint from an elderly couple in Haryana. The court specifically noted that senior citizens are frequently targeted by cybercriminals aiming to steal their lifelong savings. This move signals a top-level judicial push for a coordinated, high-powered response to the escalating cyber menace.
The collective remarks from the senior justices paint a clear picture: India's legal and law enforcement frameworks are in a urgent race to catch up with the sophisticated, evolving threat of digital extortion, a crime that shows no signs of abating.
