Isabella Mariam

The High Court of Rajasthan Single Bench of Justice Ravi Chirania, while deciding connected bail applications, declined to grant bail to two accused and simultaneously laid down a series of directions to State authorities for dealing with cyber offences. The Court directed multiple government and police departments, as well as banking and regulatory agencies, to adopt coordinated measures against cyber crimes, misuse of artificial intelligence and deepfake technologies, with a view to strengthening digital safety and security of residents. These directions were issued in a case where two young adults, alleged to have impersonated police Sub-Inspectors, are accused of placing an elderly couple aged over eighty years under “digital arrest” and inducing transfers of more than Rs 2 crore from their bank accounts.

Two accused persons, lodged in Central Jail, Jodhpur, sought bail from the High Court after their bail applications were rejected by the Additional Sessions Judge No. 2, Jodhpur on 26.06.2025 and 02.07.2025. The prosecution case, as recorded in the order, was that the complainant (about 84 years old) and his wife were placed under illegal arrest through an online modus described as “digital arrest,” and money was obtained from them by impersonation and threats.

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While rejecting the petitioners’ bail application, the Court observed that cases of “digital arrest” arising from misuse of information technology were rapidly increasing, and that such offences exhibit a uniform modus operandi.

“The concern of almost all Courts etc. in the country from Hon'ble Supreme Court, All High Courts, All District Courts, all States/ UT's ,the Police and other Investigating Agencies etc. is how to handle this new, unstoppable and exponentially growing problem which is before them due to fast changing digital technology. The digital world/information technology has seriously affected the following: (i) society and personal life of common man (ii) the economy of the country (iii) law and order (iv) the education system (v) the banking system etc.”

Furthermore, the Court stated that the I4C platform established by the MHA as a central coordination hub to freeze or place holds on fraud-related funds siphoned through digital technology. In this context, the Court emphasised that each state must have a dedicated system to monitor, regulate, and investigate measures for combating cybercrime.

The Court also noted that the conventional police force possesses limited technical understanding to deal with fast-evolving digital challenges. It stressed the need for subject-matter experts and technically qualified personnel to assist investigations and enforcement in matters concerning cyber offences.

Against the backdrop of these observations, the Court proceeded to issue the following directions aimed at addressing the rising challenge of cybercrimes.

“ACS Home is directed to issue a notification or circular for the establishment of the Rajasthan Cyber Crime Control Centre (R4C) on the lines of Indian Cyber Crime Co­ordination Centre (I4C), which will work in coordination and co­operation with I4C for prevention, detection and investigation etc. of cyber crimes in the State of Rajasthan and for providing all assistance to all the enforcement agencies, Department, etc. of the State of Rajasthan and Central Government agencies.”

“ACS Home would ensure that R4C shall have all the powers in the State similar to I4C and must act in coordination, but not in conflict with the working of I4C. He would also form such wings as may be required, similar to and in addition to as formed by MHA.”

“The State shall start a toll free number (separate from 1930) for automatic registration of FIRs on reporting of a complaint which must start from 01.02.2026. The respective FIR shall be registered on Central Portal, which would then be transferred to the respective Cyber Police Station having jurisdiction.”

“The IT Inspectors would not be transferred to any other department except on deputation or until and unless required by other investigation agencies with due permission of ACS, Home and DG, Cyber.”

“ACS, Home shall ensure that all nationalised & private banks, financial institutions, fintech companies etc., along with the Authority of RBI in the State, strictly act to control and monitor mule accounts in the State. All banks, financial institutions & fintech companies must use the Mule Hunter tool as developed by RBI & other AI and technical tools and softwares to detect mule accounts, trace mule money, analyse layering transactions and crypto trails etc., and must block suspicious/mule accounts faster than real time in accordance with law under intimation to DG Cyber, Rajasthan & State Authorities of RBI, DFS.”

“ACS Home shall direct all banks, financial institutions, fintech companies etc., to issue joint SOPs to be mandatorily followed by their officials upto the bottom level to closely monitor sudden high-value transactions by elderly couple or vulnerable account holders etc. On noticing any sudden high value transaction, a physical visit shall be mandatorily made to the house of the account-holder within 48 hours to check suspicious activity or to save them from any cyber fraud.”

“The ACS, Home shall direct—Banks, financial institutions, fintech companies etc., to identify customers who are vulnerable to fraud and monitor their activities for their protection. They shall also educate and sensitise their customers about digital arrest, digital fraud and other cyber crimes regularly.”

“All dead or inactive bank accounts be put under strict vigil and the KYC of all such account-holders be physically verified again including by physical inspection/verification at the residence/ houses of such account holders.”

“All banks, financial institutions, fintech companies etc. must strictly monitor and control bulk posting/ transfer, layering transactions and sudden transfers by unknown/ unauthorised/ suspicious persons etc., excluding Central Government, State Government and Government controlled/authorised Authorities.”

“ACS Home shall direct all companies, shopkeepers, e-commerce partners, courier partners, and all other commercial establishments engaged in sale, purchase or regulation of original and second-hand digital devices or SIM card related commercial activities etc., to be registered and regulated under DG, Cyber. Any breach of the process or sale without documentation or immediate upload of device details including technical particulars etc. shall lead to cancellation of dealer registration and other legal/punitive action in accordance with law and a detailed SOP/ Circular be issued for which the implementation must start from 01.02.2026.”

“ACS, Home shall ensure that no individual person is issued more than 3 SIM cards in the State. Before discontinuation of an old SIM card and issuance of any new SIM card (after 3 SIM cards), necessary checks and verification must be done for which a detailed SOP be issued.”

“All Call Centres, BPO etc., operating in the State and engaged in telemarketing, digital communications or providing digital services etc., must be registered under DG, Cyber. An undertaking must also be mandatorily taken from them against indulging in any illegal/ prohibited/ unauthorised activity etc., but they shall not be asked to disclose their client details or confidential business information.”

“The ACS, Home shall issue circular and ensure that the users of all digital or social networking platforms, who are either resident of the State or residing/operating in the State must have their genuine ID connected with Aadhar No. or equivalent verified identity details and that fake IDs/profiles, impersonating residents etc., be mandatorily blocked in accordance with law.”

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“ACS shall issue circular and/or SOP regulating the affairs of YouTube or digital/internet influencers, analyzers and other commercial digital space operators who are resident or residing/operating in the State but with full regard to and protection of their rights under the Constitution including Freedom of Speech and Fundamental rights, etc.”

“ACS, Home shall coordinate with schools, parents associations and stakeholders and shall issue SOP for restriction/ regulation on the use of smart phones, keypad phones etc., for children upto Class 9th or below 16 years of age within 4 months from this order.”

The Court further clarified that the directions issued were not exhaustive, and directed that the Additional Chief Secretary (Home), in coordination with other concerned departments, shall take any further steps necessary to effectively address and manage the issues relating to cybercrime and digital misuse.

Case Title: Adnan Haidar Bhai v. State Of Rajasthan; Rahul Jagdish Bhai Jadhav v. State of Rajasthan.
Neutral Citation: 2025: RJ-JD:46512
Case Number: S.B. Criminal Miscellaneous Bail Application No. 7940/2025; S.B. Criminal Miscellaneous Bail Application No. 7943/2025.
Bench: Justice Ravi Chirania.